A128912 State v. G. J.

State: Oregon

Docket No: 0505-65584;A128912

Case Date: 12/21/2005

FILED: December 21, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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

STATE OF OREGON,

Respondent,

G. J.,

Appellant.

0505-65584; A128912

Appeal from Circuit Court, Multnomah County.

Lewis B. Lawrence, Judge.

Submitted on record and brief November 4, 2005.

Daniel J. Casey filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Anna M. Joyce, 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 committing him as a mentally ill person 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"--on the grounds that he is dangerous to himself or others--under ORS 426.005(1)(d). 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.

Preview:FILED: July 13, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. JUSTIN DEWAIN DALBY, Defendant-Appellant. Multnomah County Circuit Court 090748295 A143586

Edward J. Jones, Judge. Submitted on June 08, 2011. Peter Gartlan, Chief Defender, and Morgen E. Daniels, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General, filed the brief for respondent. Before Brewer, Chief Judge, and Gillette, Senior Judge. PER CURIAM Reversed and remanded. State v. Rainoldi, 236 Or App 129, 235 P3d 710 (2010), rev allowed, 349 Or 654 (2011).

Download A143586 State v. Dalby.pdf