State v. K. D. S.

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FILED: February 27, 2013 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of K. D. S., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. K. D. S., aka K. B. D., aka K. S., aka K. B. S., Appellant. Jackson County Circuit Court 12582MC A152398 Daniel Leon Harris, Judge. Submitted on January 04, 2013. Charles Kochlacs filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Pamela J. Walsh, 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. She contends that the state 4 failed to prove, by clear and convincing evidence, that, because of a mental disorder, she 5 is a danger to herself or others. ORS 426.005(1)(e). The state concedes that the evidence 6 is legally insufficient to support the involuntary commitment and that the judgment 7 should be reversed. We agree, accept the state's concession, and reverse. 8 Reversed. 1

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