Court of Appeals of Oregon, 2018

State v. M. L. L. (In re M. L. L.)

State v. M. L. L. (In re M. L. L.)
Court of Appeals of Oregon · Decided August 15, 2018 · Garrett, Ortega, Powers
423 P.3d 816; 293 Or. App. 430 (Pacific Reporter, Third Series)

State v. M. L. L. (In re M. L. L.)

Opinion of the Court

PER CURIAM

*431Appellant seeks reversal of an order committing him to the Oregon Health Authority for a period not to exceed 180 days based on a finding that he is a "person with a mental illness." ORS 426.130(1)(a)(C). He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is unable to provide for his basic needs. ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support the basic-needs finding and that the order should be reversed. We agree, accept the state's concession, and reverse the commitment order.

Reversed.

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