State v. S. M. B. (In re S. M. B.), A164738

• Decision Date: 28 February 2018
• Docket Number: A164738
• Citation: 412 P.3d 280 (Mem),290 Or.App. 581
• Parties: In the Matter of S. M. B., a Person Alleged to have a Mental Illness. STATE of Oregon, Respondent, v. S. M. B., Appellant.
• Court: Oregon Court of Appeals

290 Or.App. 581
412 P.3d 280 (Mem)

In the Matter of S. M. B., a Person Alleged to have a Mental Illness.

STATE of Oregon, Respondent,
v.
S. M. B., Appellant.

A164738

Court of Appeals of Oregon.

Submitted January 8, 2018.
February 28, 2018

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAM

412 P.3d 281

290 Or.App. 582

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. See ORS 426.130. In her first assignment of error, appellant contends that the trial court plainly erred when it failed to comply with ORS 426.100(1).¹ She argues, in part, that the court plainly erred by not advising her of the information and rights required by that subsection of the statute, which provides:

"At the time the person alleged to have a mental illness is brought before the court, the court shall advise the person of the following:

"(a) The reason for being brought before the court;

"(b) The nature of the proceedings;

"(c) The possible results of the proceedings;

"(d) The right to subpoena witnesses; and

"(e) The person's rights regarding representation by or appointment of counsel."

ORS 426.100(1).

The state, for its part, concedes that the trial court's failure to advise appellant of her rights as required by ORS 426.100(1) is plain error and requires reversal. See, e.g. , State v. K. M. , 267 Or. App. 1, 7, 340 P.3d 121 (2014) (concluding that failure to advise appellant of her rights under ORS 426.100(1) is plain error and exercising discretion to correct that error). We agree, accept the state's concession, and, for the reasons set forth in K. M. ,...