FILED: January 18, 2006

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of A. C.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

A. C.,

Appellant.

0503-64087; A128312

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Submitted on record and briefs December 2, 2005.

Lance D. Perdue filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Senior Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM

Reversed.

PER CURIAM

Appellant in this mental commitment case appeals a judgment committing him to the Mental Health Division for treatment for a period of time not to exceed 180 days. ORS 426.130. The trial court found that appellant suffers from a mental disorder, is unable to provide for his basic personal needs, and is not receiving such care as is necessary for health and safety. A discussion of the facts would be of no benefit to the bench, the bar, or the public. The state concedes that the record does not contain clear and convincing evidence that appellant is unable to provide for his basic personal needs. On de novo review, we find the state's concession to be well founded and, therefore, accept it.

Reversed.


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