FILED: October 18, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

R. S.,

Appellant.

0412-73431; A127384

Appeal from Circuit Court, Multnomah County.

Julia Philbrook, Judge pro tempore.

Submitted on record and briefs September 1, 2006.

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.

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.

Reversed.