State v. D. B. L.

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No. 474 October 28, 2015 573 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of D. B. L., Alleged to be a Person With Mental Illness. STATE OF OREGON, Respondent, v. D. B. L., Appellant. Clackamas County Circuit Court M1504003; A159399 Kenneth B. Stewart, Judge pro tempore. Submitted September 4, 2015. Gay Canaday filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent. Before Sercombe, Presiding Judge, and Nakamoto, Judge, and Tookey, Judge. PER CURIAM Reversed. 574 State v. D. B. L. PER CURIAM Appellant seeks reversal of an order committing him for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court erred in concluding that, as a result of a mental disorder, he is unable to provide for his basic personal needs and is not receiving such care as is necessary for his health or safety. See ORS 426.005(1)(f)(B). The state concedes that the record does not contain legally sufficient evidence to support the involuntary commitment and that the trial court’s order should be reversed. We agree and accept the state’s concession. Reversed.

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