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In re L. E.

Court of Appeals of Oregon

February 20, 2014

In the Matter of L. E., Alleged to be a Mentally Ill Person.
v.
L. E., Appellant STATE OF OREGON, Respondent,

Submitted December 6, 2013.

Deschutes County Circuit Court. 13MH0008. Alta Jean Brady, Judge.

Janie M. Burcart filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Duncan, Judge, and DeVore, Judge.

OPINION

Page 430

[261 Or.App. 253] PER CURIAM.

Appellant seeks reversal of a judgment committing her as a mentally ill person for a period not to exceed 180 days. ORS 426.130. Appellant argues that, contrary to the trial court's ruling, the record does not establish by clear and convincing evidence any of the bases for commitment under ORS 426.005. The state concedes that the evidence is legally insufficient for involuntary commitment and that the judgment should be reversed. We agree, accept the state's concession, and reverse.

Reversed.


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