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State v. T.M.W. (In re T.M.W.)

COURT OF APPEALS OF THE STATE OF OREGON
Sep 16, 2020
306 Or. App. 560 (Or. Ct. App. 2020)

Opinion

A173439

09-16-2020

In the MATTER OF T. M. W., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. T. M. W., Appellant.

Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, 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 Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

PER CURIAM Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days and an order prohibiting her from purchasing or possessing firearms. She contends that the trial court plainly erred when it failed to advise her of the information required by ORS 426.100(1). The state concedes that the trial court plainly erred in that regard and that the judgment and firearms order must be reversed. We agree with the state's concession and, for the reasons expressed in State v. S. J. F. , 247 Or. App. 321, 325, 269 P.3d 83 (2011), exercise our discretion to correct the error by reversing the commitment judgment and firearms order.

Reversed.


Summaries of

State v. T.M.W. (In re T.M.W.)

COURT OF APPEALS OF THE STATE OF OREGON
Sep 16, 2020
306 Or. App. 560 (Or. Ct. App. 2020)
Case details for

State v. T.M.W. (In re T.M.W.)

Case Details

Full title:In the Matter of T. M. W., a Person Alleged to have Mental Illness. STATE…

Court:COURT OF APPEALS OF THE STATE OF OREGON

Date published: Sep 16, 2020

Citations

306 Or. App. 560 (Or. Ct. App. 2020)
473 P.3d 146