State v. M. M.

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FILED: April 25, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of M. M., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. M. M., Appellant. Umatilla County Circuit Court MC040020I A145690 Jeffrey M. Wallace, Judge. Submitted on March 02, 2012. Michael Breiling filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General, filed the brief for respondent. Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, Judge. PER CURIAM Reversed. 1 PER CURIAM 2 Appellant seeks reversal of a judgment committing him as a mentally ill 3 person for a period not to exceed 180 days. ORS 426.130. Appellant argues that the 4 record does not establish by clear and convincing evidence that he is a danger to others or 5 unable to provide for his basic needs because of a mental disorder. See ORS 6 426.005(1)(e). The state concedes that the evidence is legally insufficient for involuntary 7 commitment and that the judgment should be reversed. We agree, accept the state's 8 concession, and reverse. 9 Reversed. 1

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