State v. K. V.

FILED: September 3, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of K. V., Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

K. V.,

Appellant.

Clackamas County Circuit Court
M070839; A136946

Leonard J. Kovac, Jr, Judge pro tempore.

Submitted on August 01, 2008.

Gay Canaday filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael R. Washington, Senior Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant appeals an order of involuntary civil commitment, arguing that the record does not contain legally sufficient evidence that she was dangerous to herself or others or was unable to provide for her basic needs. ORS 426.005(1)(d). The state concedes that the record is insufficient. On de novo review, State v. Miller, 198 Or App 153, 155, 107 P3d 683 (2005), we agree that the record is insufficient.

Reversed.