State v. D. C. R. (In re D. C. R.), 425 P.3d 501, 294 Or. App. 116 (2018)

Sept. 12, 2018 · Court of Appeals of Oregon · A165846

425 P.3d 501, 294 Or. App. 116

In the Matter of D. C. R., a Person Alleged to have Mental Illness.

STATE of Oregon, Respondent,
v.
D. C. R., Appellant.

A165846

Court of Appeals of Oregon.

Submitted May 4, 2018.
September 12, 2018

Joseph R. DeBin 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 Ortega, Presiding Judge, and Garrett, Judge, and Powers, Judge.

PER CURIAM

Appellant seeks reversal of a judgment committing appellant to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant con-tends, in an unpreserved assignment of error, that the judgment should be reversed because the trial court failed to inform appellant, as required by ORS 426.100(1)(c), of some of the possible results of the hearing. The state concedes the error, and we agree that the court's failure to fully comply with ORS 426.100(1) constitutes plain error. See State v. Ritzman , 192 Or. App. 296, 298-99, 84 P.3d 1129 (2004) (failure to advise a person directly regarding the rights listed in ORS 426.100(1) or conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made is plain error). We further conclude that it is appropriate to exercise our discretion to correct the error for the reasons stated in State v. M. L. R. , 256 Or. App. 566, 570-72, 303 P.3d 954 (2013) (nature of the civil commitment proceedings, the gravity of the violation, the ends of justice, and the lack of harmless error).

Reversed.