State v. K. J. C. ( 2019 )

400
Submitted September 6, reversed October 30, 2019
In the Matter of K. J. C.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
K. J. C.,
Appellant.
Clackamas County Circuit Court
19CC01160; A170535
450 P3d 1034
Michael C. Wetzel, Judge.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Christopher A. Perdue, Assistant
Attorney General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and DeVore, Judge, and
Powers, Judge.
PER CURIAM
Reversed.
Cite as 300 Or App 400 (2019) 401
PER CURIAM
Appellant seeks reversal of an order committing
him to the custody of the Mental Health Division for a period
not to exceed 180 days on the ground that he is unable to
provide for his basic personal needs and is not receiving care
necessary to avoid serious physical harm in the near future.
See ORS 426.005(1)(f)(B). He challenges the sufficiency of
the state’s evidence to support the court’s basic-needs deter-
mination. The state concedes that the record is legally insuf-
ficient in that regard and that the commitment order should
be reversed. We agree and accept the state’s concession.
Reversed.