STATE v. L. H., 226 Or. App. 265 (2009)

203 P.3d 297

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

Nos. 080160790; A138169.Oregon Court of Appeals.Submitted December 5, 2008.
February 25, 2009.

Appeal from the Multnomah County Circuit Court Julia A. Philbrook, Judge pro tempore.

Lance D. Perdue filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Laura S. Anderson, Senior Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

PER CURIAM

Reversed.

Page 266

PER CURIAM

In this mental commitment case, appellant argues that the record lacks clear and convincing evidence that he was a danger to others because of a mental disorder. The state agrees that the evidence is legally insufficient to support the involuntary commitment. On de novo review, we agree that the evidence is insufficient.

Reversed.

Page 267