State v. B.H. (In re B.H.), A155874
| Decision Date | 02 July 2014 |
| Docket Number | C130067MC.,A155874 |
| Citation | 264 Or.App. 186,329 P.3d 813 |
| Parties | In the Matter of B.H., Alleged to be a Mentally Ill Person. State of Oregon, Respondent, v. B.H., Appellant. |
| Court | Oregon Court of Appeals |
OPINION TEXT STARTS HERE
Washington County Circuit Court.
Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.
Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.
In this appeal, appellant seeks reversal of an order committing him for a period not to exceed 180 days. ORS 426.130. He contends, in an unpreserved assignment of error, that the trial court erred in failing to inform him of his right to subpoena witnesses, as required by ORS 426.100(1). The state concedes the error, and we agree that that failure constitutes plain error. We further conclude, for the reasons stated in State v. M.L.R., 256 Or.App. 566, 570–72, 303 P.3d 954 (2013), that it is appropriate to exercise our discretion to correct the error.1
Reversed.
1. Our resolution obviates the need to address appellant's other assignment of error.
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State v. Z.A.B. (In re Z.A.B.)
...not satisfy ORS 426.100(1)(d). See State v. Grellert, 144 Or.App. 201, 203, 925 P.2d 161 (1996) ; Respondent's Answering Brief at 2–3, State v. B.H., 264 Or.App. 186, 329 P.3d 813 (2014) (conceding that advice that person could “call” witnesses did not inform person of right to subpoena wit......