Opinion
9402-95325; CA A83206
Argued and submitted December 9, reversed and remanded December 28, 1994
Appeal from Circuit Court, Multnomah County.
Phillip J. Roth, Judge.
Paul L. Breed argued the cause and filed the brief for appellant.
Stephen L. Madkour, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
PER CURIAM
Reversed and remanded.
In this mental commitment case, the trial court failed to advise appellant of her rights under ORS 426.100. As we held in State v. May, 131 Or. App. 570, 888 P.2d 14 (1994), advisement of those rights is mandatory, and a failure to advise or to determine that there has been a knowing and voluntary waiver of the right to be advised requires reversal.
The state contends that the error was not preserved in the trial court. We conclude that the error is apparent on the face of the record, ORAP 5.45(2), and that it is an egregious one. We exercise our discretion to review the error. Ailes v. Portland Meadows, Inc., 312 Or. 376, 381, 823 P.2d 956 (1991).
Reversed and remanded.