State v. D. J. B.

FILED: June 16, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

D. J. B.,

Appellant.

Lane County Circuit Court
300814507
A139424

Maurice K. Merten, Judge.

Submitted on May 20, 2010.

James A. Palmer filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Kristen G. Williams, Assistant Attorney General, filed the brief for respondent.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of the trial court's judgment committing her as a mentally ill person for a period not to exceed 180 days.  ORS 426.130.  Appellant contends that the record does not establish by clear and convincing evidence that she is a danger to herself or others as the result of a mental disorder.  See ORS 426.005(1).  The state concedes that the record lacks clear and convincing evidence to support the involuntary commitment and that the trial court's judgment should be reversed.  On de novo review,(1) we agree, accept the state's concession, and reverse.

Reversed.

1. ORS 19.415, which governs our standard of review, was recently amended.  Or Laws 2009, ch 231, §§ 2-3.  The amendments apply to appeals in which the notice of appeal was filed on or after June 4, 2009.  Because the notice of appeal in this case was filed before that date, the amendments do not apply.