FILED: March 10, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of S. B.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

S. B.,

Appellant.

0205-64249; A118414

Appeal from Circuit Court, Multnomah County.

Julia A. Philbrook, Judge pro tempore.

Submitted on record and briefs February 6, 2004.

Paul L. Breed filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.

PER CURIAM

Reversed.

PER CURIAM

In this mental commitment case, appellant argues that the trial court erred in committing him because there was not clear and convincing evidence that he was unable, due to his mental disorder, to provide for his basic needs. ORS 426.005(d)(B). The state concedes that the record fails to establish by clear and convincing evidence that, because of appellant's mental disorder, he is unable to provide for his basic needs. On de novo review, State v. O'Neill, 274 Or 59, 61, 545 P2d 97 (1976), we accept the state's concession.

Reversed.


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