State v. T. A. L. ( 2020 )

108
Submitted November 9, reversed December 16, 2020
In the Matter of T. A. L.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
T. A. L.,
Appellant.
Clackamas County Circuit Court
20CC02322; A174015
477 P3d 1237
Douglas V. Van Dyk, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Greg Rios, Assistant Attorney
General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
PER CURIAM
Reversed.
Cite as 308 Or App 108 (2020) 109
PER CURIAM
The trial court committed appellant to the custody
of the Mental Health Division for a period not to exceed 180
days based on a determination that he was unable to meet
his basic needs. ORS 426.005(1)(f)(B). Appellant contends
that the record does not contain clear and convincing evi-
dence to support the court’s conclusion that he is a danger to
others. The state concedes that the record is legally insuffi-
cient in that regard and that the judgment of commitment
should be reversed. We agree, accept the state’s concession,
and reverse the commitment.
Reversed.