FILED: August 11, 2004

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of J. D.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

J. D.,

Appellant.

0305-64688; A121658

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Argued and submitted July 21, 2004.

Kirkland T. Roberts argued the cause and filed the brief for appellant.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Haselton, Presiding Judge, and Linder and Ortega, Judges.

PER CURIAM

Reversed.

PER CURIAM

In this civil commitment proceeding, appellant assigns error to the trial court's determination that the state proved by clear and convincing evidence that appellant was a danger to himself. See ORS 426.005(1)(d)(A). The state concedes that the evidence is insufficient and, based on our review of the record and State v. Webb, 186 Or App 404, 63 P3d 1258 (2003), we accept that concession.

Because we reverse on that ground, we need not address appellant's assignment of error concerning whether he was entitled to be physically present at the commitment hearing.

Reversed.


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