State v. T.N. (In re T.N.), C130059MC; A155433.
Decision Date | 23 April 2014 |
Docket Number | C130059MC; A155433. |
Citation | 323 P.3d 997,262 Or.App. 499 |
Parties | In the Matter of T.N., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. T.N., Appellant. |
Court | Oregon Court of Appeals |
OPINION TEXT STARTS HERE
Washington County Circuit Court.
James Lee Fun, Jr., Judge.
Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Sarah M. Villanueva, Assistant Attorney General, filed the brief for respondent.
Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and LAGESEN, Judge.
Appellant seeks reversal of a judgment committing her for a period not to exceed 180 days pursuant to ORS 426.130. Appellant argues, among other contentions, that the trial court plainly erred by failing to advise her of the right to subpoena witnesses under ORS 426.100(1)(d). See State v. M.L.R., 256 Or.App. 566, 570–71, 303 P.3d 954 (2013) ( ). The state concedes that the trial court erred in that regard and that the judgment should be reversed. 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.
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...of right to subpoena witnesses); B.H., 264 Or.App. at 187, 329 P.3d 813 (accepting concession); Respondent's Answering Brief at 2, State v. T.N., 262 Or.App. 499, 323 P.3d 997 (2014) (conceding that advice that person had right to have witnesses “testify” did not inform person of right to s......
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...not inform person of right to subpoena witnesses); B. H., 264 Or App at 187 (accepting concession); Respondent's Answering Brief at 2, State v. T. N., 262 Or App 499, 323 P3d 997 (2014) (No. CA A 155433) (conceding that advice that person had right to have witnesses "testify" did not inform......