State v. Z. W. Y. ( 2020 )

809
Submitted March 24, reversed April 29, 2020
In the Matter of Z. W. Y.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
Z. W. Y.,
Appellant.
Multnomah County Circuit Court
16CC06622; A170873
461 P3d 1109
Manuel Perez, Judge pro tempore.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Inge D. Wells, Assistant Attorney
General, filed the brief for respondent.
Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Reversed.
810 State v. Z. W. Y.
PER CURIAM
Appellant seeks reversal of an order continuing his
commitment to the custody of the Oregon Health Authority
for a period not to exceed 180 days. See ORS 426.301; ORS
426.303; ORS 426.307. In his sole assignment of error, appel-
lant contends that the record does not contain legally suffi-
cient evidence that he continues to be a person with men-
tal illness and is in need of further treatment. Specifically,
appellant argues that there was insufficient evidence that
as a result of a mental disorder he is a danger to others. The
state responds that the evidence was sufficient to support
the trial court’s determination that appellant was mentally
ill and in need of further treatment. After reviewing the
record before us, we agree with appellant. The record here
contains similar deficiencies to those that we described in
State v. Z. W. Y., 299 Or App 703, 450 P3d 544 (2019), a prior
case involving the same appellant in which we reversed an
order continuing his commitment. We therefore reverse.
Reversed.