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State v. S.K.H. (In re S.K.H.)

Court of Appeals of Oregon.
Jun 27, 2018
420 P.3d 697 (Or. Ct. App. 2018)

Opinion

A166253

06-27-2018

In the Matter of S.K.H., a Person Alleged to have Mental Illness. STATE of Oregon, Respondent, v. S.K.H., Appellant.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.


Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In her only assignment of error, appellant contends that the trial court plainly erred when it failed to advise her of the possible results of the commitment hearing as required by ORS 426.100(1). Specifically, she asserts that the trial court plainly erred when it failed to advise her of the possibilities of dismissal, voluntary treatment, or conditional release. In response, the state concedes that 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. State v. M. M. , 288 Or. App. 111, 114-16, 405 P.3d 192 (2017) ; State v. M. S. R. , 288 Or. App. 156, 157, 403 P.3d 809 (2017). We agree that the error is plain, and conclude that it is appropriate to exercise our discretion to correct the error for the reasons stated in M. M. , 288 Or. App. at 116, 405 P.3d 192 (nature of civil commitment proceedings, relative interests of the parties in those proceedings, gravity of the violation, and ends of justice).

Reversed.


Summaries of

State v. S.K.H. (In re S.K.H.)

Court of Appeals of Oregon.
Jun 27, 2018
420 P.3d 697 (Or. Ct. App. 2018)
Case details for

State v. S.K.H. (In re S.K.H.)

Case Details

Full title:In the Matter of S.K.H., a Person Alleged to have Mental Illness. STATE of…

Court:Court of Appeals of Oregon.

Date published: Jun 27, 2018

Citations

420 P.3d 697 (Or. Ct. App. 2018)
292 Or. App. 558