Categories: Oregon Court of Appeals Opinions

STATE v. SMITH, 208 Or. App. 753 (2006)

145 P.3d 367

In the Matter of Roy Smith, Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. ROY SMITH, Appellant.

Nos. 0412-73431; A127384.Oregon Court of Appeals.Submitted on record and briefs September 1, 2006.
October 18, 2006.

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

Laurie Bender filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Reversed.

Page 754

PER CURIAM

In this mental commitment case, appellant argues that the evidence is insufficient to establish that he suffers from a mental disorder and that he is dangerous to himself or is unable to provide for his own basic needs. ORS 426.005(1)(d). The state concedes that the evidence is insufficient. After reviewing the record, we conclude that appellant is correct and that the concession is well taken.