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IN RE: C. A. S., a Person Alleged to have a Mental Illness. STATE of Oregon, Respondent, v. C. A. S., Appellant.
Appellant seeks reversal of a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days and prohibiting him from purchasing or possessing a firearm based on a finding that he is a “person with mental illness.” ORS 426.130(1)(a)(C). He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is “dangerous to self,” ORS 426.005(1)(f)(A), and that he was a person with a chronic mental illness under the expanded criteria, ORS 426.005(1)(f)(C). The state concedes that the evidence is legally insufficient to support the involuntary commitment on both grounds and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the commitment judgment.
Reversed.
PER CURIAM
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Docket No: A163444
Decided: January 04, 2018
Court: Court of Appeals of Oregon.
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