State v. J. P.

FILED: July 16, 2003

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of J. P.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

J. P.,

Appellant.

02C17956; A119494

Appeal from Circuit Court, Marion County.

Ross G. Davis, Judge pro tempore.

Submitted on record and briefs June 5, 2003.

Andrew P. Ositis filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David F. Coursen, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Reversed.

PER CURIAM

Appellant appeals his involuntary civil commitment on the ground that there is insufficient evidence to support the trial court's conclusion that he is unable to provide for his basic personal needs. ORS 426.005(1)(d)(B). The state concedes that the evidence in the record is insufficient to meet the requisite "clear and convincing" evidentiary standard. ORS 426.130. Having reviewed the record, we conclude that the state's concession is well founded and accept it.

Reversed.