State v. H. L.

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FILED: February 27,2013 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of H. L., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. H. L., Appellant. Washington County Circuit Court C110083MC A150466 D. Charles Bailey, Jr, Judge. Submitted on January 04, 2013. Susan D. Isaacs filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, 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. In her first assignment of 4 error, she contends that the state failed to prove, by clear and convincing evidence, that, 5 because of a mental disorder, she is unable to provide for her basic personal needs. ORS 6 426.005(1)(e). The state concedes that the evidence is legally insufficient to support the 7 involuntary commitment and that the judgment should be reversed. We agree, accept the 8 state's concession, and reverse on that basis. Accordingly, we do not address appellant's 9 other assignment of error, in which she argues that the trial court erred in not allowing 10 11 her to testify at the commitment hearing. Reversed. 1

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