State v. G. W.
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No. 368 August 28, 2019 205 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of G. W., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. G. W., Appellant. Multnomah County Circuit Court 19CC00170; A170034 Julia A. Philbrook, Judge pro tempore. Submitted July 5, 2019. Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent. Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge. PER CURIAM Reversed. 206 State v. G. W. PER CURIAM Appellant seeks reversal of a judgment committing her to the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court erred because the record does not contain clear and convincing evidence that appellant is a “person with mental illness.” ORS 426.005(1)(f). The state concedes that the evidence is legally insufficient to support appellant’s commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of commitment. Reversed.
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