Court of Appeals of Oregon, 2019

State v. K. J. C.

State v. K. J. C.
Court of Appeals of Oregon · Decided October 30, 2019
300 Or. App. 400; 450 P.3d 1034

State v. K. J. C.

Opinion

Submitted September 6, reversed October 30, 2019

In the Matter of K. J. C., a Person Alleged to have Mental Illness.

STATE OF OREGON, Respondent, v. K. J. C., Appellant.

Clackamas County Circuit Court 19CC01160; A170535 450 P3d 1034

Michael C. Wetzel, Judge.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher A. Perdue, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

PER CURIAM Reversed.

Cite as 300 Or App 400 (2019) 401 PER CURIAM Appellant seeks reversal of an order committing him to the custody of the Mental Health Division for a period not to exceed 180 days on the ground that he is unable to provide for his basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future.

See ORS 426.005(1)(f)(B). He challenges the sufficiency of the state’s evidence to support the court’s basic-needs deter- mination. The state concedes that the record is legally insuf- ficient in that regard and that the commitment order should be reversed. We agree and accept the state’s concession.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.