State v. L. S.

FILED: November 10, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of L. S.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

L. S.,

Appellant.

0304-64419; A121322

Appeal from Circuit Court, Multnomah County.

Lawrence B. Lewis, Judge.

Submitted on record and briefs October 1, 2004.

Susan D. Isaacs filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Linda Wicks, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant was committed to the custody of the Mental Health Division based on the trial court's finding that, because of a mental disorder, appellant is dangerous to herself. ORS 426.005(1)(d)(A). She appeals, arguing that the trial court erred in finding that the state had proved by clear and convincing evidence that she is dangerous to herself. The state concedes that the record does not contain clear and convincing evidence to establish the required elements for an order of involuntary commitment. After reviewing the record, we accept the state's concession.

Reversed.