State v. J. W. , 306 Or. App. 398 ( 2020 )

398
Submitted October 31, 2019, reversed September 2, 2020
In the Matter of J. W.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
J. W.,
Appellant.
Lane County Circuit Court
18CC07009; A169920
472 P3d 811
Maurice K. Merten, Judge.
Lindsey Burrows and O’Connor Weber LLC filed the
brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Cecil A. Reniche-Smith, Assistant
Attorney General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed.
Cite as 306 Or App 398 (2020) 399
PER CURIAM
In this civil commitment case, in which appellant
was committed to the custody of the Mental Health Division
for a period not to exceed 180 days, appellant asserts that
the trial court erred when it determined that appellant was
a person with a mental illness, ORS 426.130(1)(a)(C), on the
basis that she was dangerous to others, ORS 426.005(1)(f)(A).
The state concedes that the evidence is legally insufficient
to support appellant’s involuntary commitment on the basis
that she was a danger to others. We agree and accept the
state’s concession. The state also argues, however, that the
trial court made a finding that appellant was a person with
a mental illness on the basis that appellant was unable to
provide for her basic needs, ORS 426.005(1)(f)(B), that appel-
lant failed to assign error to that finding, and that therefore
we should affirm the judgment of commitment on that basis.
That argument is not well taken; we reject the state’s char-
acterization of the trial court’s ruling.
Reversed.