FILED: October 12, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

R. G.,

Appellant.

0504-64284; A128440

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Submitted on record and briefs September 2, 2005.

Daniel J. Casey filed the brief for appellant.

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

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

PER CURIAM

Reversed.

PER CURIAM

Appellant appeals a judgment adjudicating him to be a mentally ill person and committing him to the Department of Human Services for a period not to exceed 180 days. Appellant argues that the record does not establish by clear and convincing evidence that he meets the statutory definition of a "mentally ill person" under ORS 426.005(1). The state concedes that point and submits that the judgment should be reversed. Upon de novo review of the record, we accept the state's concession and reverse.

Reversed.


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