State v. M. B.

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FILED: June 6, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of M. B., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. M. B., Appellant. Wasco County Circuit Court 1100003MC A148121 John A. Wolf, Judge. Submitted on April 06, 2012. Janie M. Burcart filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Patrick M. Ebbett, 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 her as a mentally ill 3 person for a period not to exceed 180 days. ORS 426.130. Appellant argues, among 4 other contentions, that the record does not establish by clear and convincing evidence that 5 she is unable to provide for her own basic needs because of a mental disorder. See ORS 6 426.005(1)(e). The state concedes that the evidence is 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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