Opinion
No. 274 A164036
06-06-2018
In the Matter of H. S. L., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. H. S. L., Appellant.
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Lane County Circuit Court
16CC08095; Maurice K. Merten, Judge. Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General. Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge. PER CURIAM Reversed.
PER CURIAM
Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In his second assignment of error, appellant contends that the trial court plainly erred when it failed to advise him of the possible results of the commitment hearing as required by ORS 426.100(1). Specifically, he asserts that the trial court plainly erred when it failed to inform him of the possibility of voluntary treatment and conditional release. In response, the state concedes that, under State v. M. M., 288 Or App 111, 405 P3d 192 (2017), and State v. M. S. R., 288 Or App 156, 403 P3d 809 (2017), the trial court's failure to advise appellant of all of the possible results of the proceeding, as required by ORS 426.100(1), is plain error. We agree that the error is plain, and—for the reasons set forth in M. M. and M. S. R.—exercise our discretion to correct the error. Our disposition of appellant's second assignment of error obviates the need to address his first and third assignments of error.
Reversed.