State v. S. M.

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FILED: November 21, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of S. M., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. S. M., Appellant. Washington County Circuit Court C110052MC A148504 Jonathan R. Hill, Judge. Submitted on October 08, 2012. Susan D. Isaacs filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General, filed the brief for respondent. Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, 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. Appellant argues that the 4 record does not establish by clear and convincing evidence that she is unable to provide 5 for her basic needs because of a mental disorder. See ORS 426.005(1)(e). The state 6 concedes that the evidence is legally insufficient for involuntary commitment and that the 7 judgment should be reversed. We agree, accept the state's concession, and reverse. 8 Reversed. 1

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