State v. C. B.

FILED: March 3, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

C. B.,

Appellant.

Deschutes County Circuit Court
08MH0008MS
A139944

Gregory P. Lynch, Judge pro tempore.

Submitted on January 08, 2010.

Victoria K. Moffet filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.

Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of a judgment committing him as a mentally ill person for a period not to exceed 180 days.  ORS 426.130.  Appellant argues that the record does not establish by clear and convincing evidence that he is a danger to himself because of a mental disorder.  See ORS 426.005(1)(d).  The state concedes that the evidence is insufficient for involuntary commitment and that the judgment should be reversed.  On de novo review of the record,(1) we 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.