State v. Trong Ngoc Vinh

Full title: In the Matter of Trong Ngoc Vinh, Alleged to be a Mentally Ill Person…

Court: Oregon Court of Appeals

Date published: Sep 11, 1996

922 P.2d 1278 (Or. Ct. App. 1996)

922 P.2d 1278

Opinion

9603 62977; CA A92798

Submitted on record and briefs August 20, reversed and remanded for new trial September 11, 1996

Appeal from Circuit Court, Multnomah County.

Katherine English, Judge pro tempore.

Thomas A. Coleman filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, filed the brief for respondent.

Before Richardson, Chief Judge, and Deits and De Muniz, Judges.

PER CURIAM

Reversed and remanded for new trial.

PER CURIAM

Appellant appeals an order finding that he is a mentally ill person and committing him to the Mental Health and Developmental Disability Services Division for treatment. ORS 426.130. Appellant contends that the court failed to properly advise him as required by ORS 426.100. The state concedes error and we agree. State v. Tardanico, 132 Or. App. 230, 888 P.2d 15 (1994); State v. Allison, 129 Or. App. 47, 877 P.2d 660 (1994).

Reversed and remanded for new trial.