October 16, 2013
In the Matter of A. B., Alleged to be a Mentally Ill. Person.
A. B., Appellant. STATE OF OREGON, Respondent,
Submitted on September 06, 2013.
Wasco County Circuit Court 1300006MC, John A. Wolf, Judge.
Janie M. Burcart filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Carolyn Alexander, Senior Assistant Attorney General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, Judge.
Appellant seeks reversal of a judgment committing him as a mentally ill person for a period not to exceed 180 days. ORS 426.130. He contends, among other things, that the state failed to establish, by clear and convincing evidence, that, because of a mental disorder, he was a danger to others. ORS 426.005(1)(e). The state concedes that the evidence is legally insufficient to support the involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse on that basis. Accordingly, we do not address appellant's other assignments of error.