FILED: July 27, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

J. D. B.,

Appellant.

30-04-16615; A126301

Appeal from Circuit Court, Lane County.

Maurice K. Merten, Judge.

Submitted on record and briefs June 3, 2005.

James A. Palmer filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.

PER CURIAM

Reversed.

PER CURIAM

In this civil commitment case, the trial court found that appellant is a danger to herself and to others because of a mental disorder. ORS 426.005(1)(d)(A). On appeal, appellant argues that the evidence in the record is not sufficient to support the trial court's findings. The state concedes that, based on the clear and convincing evidence standard that the statute requires, ORS 426.130, the evidence is insufficient. After reviewing the record, we conclude that appellant and the state are correct.

Reversed.