State v. G. D. F.

FILED: October 29, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

G. D. F.,

Appellant.

Multnomah County Circuit Court
070970063
A137035

Connie L. Isgro, Judge pro tempore.

Submitted on October 03, 2008.

Lance D. Perdue filed the brief for appellant. Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Reversed.

PER CURIAM

In this mental commitment appeal, appellant contends that the record lacks clear and convincing evidence that, at the time of the commitment hearing, he was dangerous to himself and others because of a mental disorder.  ORS 426.005(1)(d).  The state concedes that the evidence is legally insufficient.  On de novo review, State v. O'Neill, 274 Or 59, 61, 545 P2d 97 (1976), we agree.

Reversed.