FILED: December 10, 2008

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of F. L. M.,
Alleged to be a Mentally Ill Person,

STATE OF OREGON,

Respondent,

v.

F. L. M.,

Appellant.

Douglas County Circuit Court
07MH115
A135817

William L. Lasswell, Judge.

Submitted on November 07, 2008.

James A. Palmer filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Samuel A. Kubernick, Assistant Attorney General, filed the brief for respondent.

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

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 and is dangerous to others.  The state concedes that the record lacks clear and convincing evidence that appellant suffers from a mental disorder and is a danger to others.  On de novo review, we find the state's concession to be well founded and accept it.

Reversed.


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