State v. N. A. M.

FILED: November 18, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of N. A. M.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

N. A. M.,

Appellant.

Multnomah County Circuit Court
080969264
A140204

Connie L. Isgro, Judge pro tempore.

Submitted on October 02, 2009.

Lance D. Perdue filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Samuel A. Kubernick, 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 the trial court's judgment committing him 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 he is a danger to others and unable to provide for his basic needs as the result of a mental disorder.  See ORS 426.005(1)(d).  The state concedes that the record does not contain clear and convincing evidence to support the involuntary commitment and that the trial court's judgment should be reversed.  On de novo review, we agree and accept the state's concession.

Reversed.