FILED: October 3, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

T. S.,

Appellant.

Clackamas County Circuit Court
M060211; A131853

Kenneth B. Stewart, Judge.

Submitted on record and briefs August 2, 2007.

Gay Canaday filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael R. Washington, Senior Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of a judgment committing him as a mentally ill person for a period not to exceed 180 days. ORS 426.130. Appellant argues that the record does not establish by clear and convincing evidence that he is unable to provide for his basic needs or is a danger to himself or others because of his mental disorder. See ORS 426.005(1)(d). The state concedes that the evidence is insufficient for involuntary commitment and that the judgment should be reversed. On de novo review of the record, we accept the state's concession and reverse.

Reversed.


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