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State v. T.D.T. (In re T.D.T.)

Court of Appeals of Oregon.
Jun 22, 2016
377 P.3d 678 (Or. Ct. App. 2016)

Opinion

A160839

06-22-2016

In the Matter of T.D.T., A Person Alleged to have a Mental Illness. State of Oregon, Respondent, v. T.D.T., Appellant.

Eric J. Deitrick and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.


Eric J. Deitrick and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

Opinion

PER CURIAM Appellant seeks reversal of orders committing her to the Oregon Health Authority for a period not to exceed 180 days pursuant to ORS 426.130 and prohibiting her from purchasing or possessing firearms. Appellant argues that the trial court plainly erred by failing to advise her of her rights under ORS 426.100(1)(a) through (d). See State v. M.L.R. , 256 Or.App. 566, 570–71, 303 P.3d 954 (2013) (holding that the “failure to provide a person with all of the information required by ORS 426.100(1) constitutes an egregious error that justifies plain error review”). The state concedes that the trial court plainly erred by failing to advise appellant of her rights and that the error requires reversal. We agree, accept the state's concession, and, for the reasons set forth in M.L.R., exercise our discretion to correct the error.

Reversed.


Summaries of

State v. T.D.T. (In re T.D.T.)

Court of Appeals of Oregon.
Jun 22, 2016
377 P.3d 678 (Or. Ct. App. 2016)
Case details for

State v. T.D.T. (In re T.D.T.)

Case Details

Full title:In the Matter of T.D.T., A Person Alleged to have a Mental Illness. State…

Court:Court of Appeals of Oregon.

Date published: Jun 22, 2016

Citations

377 P.3d 678 (Or. Ct. App. 2016)
377 P.3d 678