State v. E. H. B.

FILED: June 17, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of E. H. B.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

E. H. B.,

Appellant.

Jackson County Circuit Court
08143MC
A138451

Rebecca G. Orf, Judge.

Submitted on May 01, 2009.

James A. Palmer filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Pamela J. Walsh, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of a judgment committing her as a mentally ill person for a period not to exceed 180 days.  ORS 426.130.  Appellant contends that the record does not establish by clear and convincing evidence that she is unable to provide for her basic needs as the result of a mental disorder.  See ORS 426.005(1)(d).  The state concedes that the record does not contain evidence sufficient to support the involuntary commitment.  On de novo review, we accept the state's concession.

Reversed.