State v. A. B. (In re A. B.), 422 P.3d 431, 293 Or. App. 238 (2018)

Aug. 1, 2018 · Court of Appeals of Oregon · A166479

422 P.3d 431, 293 Or. App. 238

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

STATE of Oregon, Respondent,
v.
A. B., Appellant.

A166479

Court of Appeals of Oregon.

Submitted June 1, 2018.
August 1, 2018

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

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing him to the custody of the Oregon Health Authority for a period not to exceed 180 days and an order prohibiting him from purchasing or possessing firearms. ORS 426.130. Appellant contends that the trial court plainly erred by failing to advise him of the right to subpoena witnesses, as required by ORS 426.100(1). The state concedes that, under State v. Z. A. B. , 264 Or. App. 779, 780, 334 P.3d 480, adh'd to as modified on recons , 266 Or. App. 708, 338 P.3d 802 (2014), and State v. M. L. R ., 256 Or. App. 566, 570-71, 303 P.3d 954 (2013), the trial court committed plain error that warrants reversal. We agree with the state, accept the concession, and, for the reasons stated in those cases, exercise our discretion to correct the error.

Reversed.