State v. B. L. K. (In re B. L. K.), 422 P.3d 433, 293 Or. App. 240 (2018)

Aug. 1, 2018 · Court of Appeals of Oregon · A166990

422 P.3d 433, 293 Or. App. 240

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

STATE of Oregon, Respondent,
v.
B. L. K., Appellant.

A166990

Court of Appeals of Oregon.

Submitted June 1, 2018.
August 1, 2018

Joseph DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jordan R. Silk, 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 supplemental judgment of continued commitment, committing him to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court plainly erred by failing to advise him of all of his rights that are applicable to a recommitment hearing, as required by ORS 426.301(3) and ORS 426.303. The state concedes that, under State v. M. M. , 288 Or. App. 111, 114-16, 405 P.3d 192 (2017), and State v. Montgomery , 147 Or. App. 69, 70, 934 P.2d 640 (1997), 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. Because we reverse the judgment on that basis, we do not address appellant's first assignment of error.

Reversed.