State v. R.J.C.

Under State v. E.A., to correct a judgment containing a scrivener’s error, the judgment should be vacated and remanded with regard to the basis for commitment. State v. E.A., 295 Or App  265 (2018).

Appellant appealed a judgment committing him to the custody of the Mental Health Division for a period not to extend 180 days. Appellant assigned error to the sufficiency of the state’s proof that he is a person with mental illness under the meaning of ORS 426.005(1)(f). On appeal, Appellant argued that there is insufficient evidence to support a commitment on the “dangerous to self” basis which was stated in the judgment, and should the court find such error was made in the judgment, that the record lacks legally sufficient evidence to find that he was “dangerous to others” as well. In response, the State argued that the judgment contained a scrivener's error with regards to the basis for commitment and that the record clearly indicates that the court based its commitment on finding the appellant was dangerous to others. Under State v. E.A., to correct a judgment containing a scrivener’s error, the judgment should be vacated and remanded with regard to the basis for commitment. State v. E.A., 295 Or App  265 (2018). The Court held that the judgment contains a scrivener’s error with regard to the basis for commitment, as evidenced by the record. Judgment vacated and remanded.