Opinion
A167548
12-19-2018
In the MATTER OF A. R., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. A. R., Appellant.
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.
PER CURIAMAppellant appeals a judgment committing her to the Oregon Health Authority for a period not to exceed 180 days under ORS 426.130(1)(a)(C). In her second assignment of error, appellant contends that the trial court plainly erred when it failed to adequately advise her of her rights in accordance with the requirements of ORS 426.100(1). The state concedes that the trial court plainly erred because it "failed to correctly inform [appellant] of the purpose of the hearing, as required by ORS 426.100(1)(a)," and the state further concedes "that the judgment of commitment should be reversed." We agree. For the reasons stated in State v. S. J. F. , 247 Or.App. 321, 325-26, 269 P.3d 83 (2011), we exercise our discretion to correct the error and, accordingly, reverse the judgment. Our disposition of appellant’s second assignment of error obviates the need to address her first assignment of error.
Reversed.