FILED: September 29, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

v.

E. M.,

Appellant.

Multnomah County Circuit Court
091273936
A144548

Connie L. Isgro, Judge pro tempore.

Submitted on August 06, 2010.

Rebecca Carter filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of the trial court's judgment committing him as a mentally ill person for a period not to exceed 180 days.  ORS 426.130.  He requests that we conduct a de novo review of the record, see ORS 19.415(3), and contends that the record does not establish by clear and convincing evidence that he is a danger to others as the result of a mental disorder.  See ORS 426.005(1).  The state concedes that the record lacks clear and convincing evidence to support the involuntary commitment and that the trial court's judgment should be reversed.  In light of the state's concession, we conclude that it is appropriate to exercise our discretion to conduct a de novo review in this case and, based on that review, we accept the state's concession and reverse.

Reversed.


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