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IN THE MATTER OF SMITH

0412-73431; A127384.

145 P.3d 367 (2006)

208 Or. App. 753

In the Matter of Roy Smith, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Roy SMITH, Appellant.

Court of Appeals of Oregon.

Decided October 18, 2006.

Attorney(s) appearing for the Case

Julia Philbrook, Judge pro tempore.

Laurie Bender, Portland, filed the brief for appellant.

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

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

In this mental commitment case, appellant argues that the evidence is insufficient to establish that he suffers from a mental disorder and that he is dangerous to himself or is unable to provide for his own basic needs. ORS 426.005(1)(d). The state concedes that the evidence is insufficient. After reviewing the record, we conclude that appellant is correct and that the concession is well taken.

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