State v. D. S.

FILED: December 26, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of D. S.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

D. S.,

Appellant.

Multnomah County Circuit Court
060666068; A132893

Lewis B. Lawrence, Judge pro tempore.

Submitted on record and briefs November 2, 2007.

Lance D. Perdue filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Schuman and Ortega, Judges.

PER CURIAM

Reversed.

PER CURIAM

In this involuntary mental commitment case, appellant contends that the evidence in the record is legally insufficient to establish that he is dangerous to himself because of his mental disorder. ORS 426.005(1)(d)(A). The state concedes that the record does not provide clear and convincing evidence to prove the grounds for his commitment. On de novo review, we agree that the evidence is insufficient.

Reversed.