Opinion
A181406
02-14-2024
Joseph R. DeBin and Multnomah Defenders, Inc., fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Emily N. Snook, Assistant Attorney General, fled the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted January 5, 2024
Baker County Circuit Court 23CC02553; Matthew B. Shirtcliff, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Emily N. Snook, Assistant Attorney General, fled the brief for respondent.
Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.
PER CURIAM
Appellant seeks reversal of a judgment committing her to the custody of the Oregon Health Authority for a period not to exceed 180 days. The trial court entered that judgment after finding that, due to a mental disorder, appellant is unable to provide for her basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future. See ORS 426.005(1)(f)(B). On appeal, appellant argues that the evidence was legally insufficient to support a basic-needs commitment and, alternatively, that the trial court plainly erred in failing to advise her of her rights as required by ORS 426.100(1). The state concedes that the trial court plainly erred by failing to advise appellant of the possibility of voluntary treatment and that reversal is warranted. We agree and accept the state's concession. See State v. M. M, 288 Or.App. 111, 116, 405 P.3d 192 (2017) (trial court's failure to advise appellant of all of the possible results of civil commitment proceeding is plain error). For the reasons stated in M. M., we exercise our discretion to correct the error and reverse on that basis. Id. Given our disposition, we need not address the legal sufficiency of the evidence for the basic-needs determination.
Reversed.