State v. D. S. ( 2024 )

No. 616 August 28, 2024 667
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of D. S.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
D. S.,
Appellant.
Lane County Circuit Court
23CC07638; A183132
Charles M. Zennaché, Judge.
Submitted July 12, 2024.
Liza Langford filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Rebecca M. Auten, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
Reversed.
668 State v. D. S.
EGAN, J.
Appellant seeks reversal of a judgment commit-
ting her to the custody of the Oregon Health Authority for a
period not to exceed 180 days. The trial court entered that
judgment after finding that appellant suffered from a men-
tal disorder that caused her to be unable to meet her basic
needs. See ORS 426.005(1)(f)(B). We reverse.1
On appeal, appellant challenges the sufficiency
of the state’s evidence to support the court’s basic-needs
determination. The state concedes that the record is legally
insufficient in that regard. See State v. M. A. E., 299 Or App
231, 240, 448 P3d 656 (2019) (explaining that ORS 426.005
(1)(f)(B) requires a “nonspeculative risk of ‘serious physical
harm’—meaning that the person’s safe survival will be com-
promised—in the near future, even though that risk is not
imminent”). We agree with and accept the state’s concession.
Reversed.
1
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.