116
Submitted January 3, reversed January 29, 2020
In the Matter of C. A. A., aka A. C. A.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
C. A. A.,
aka A. C. A.,
Appellant.
Douglas County Circuit Court
19CC04190; A171994
Ann Marie Simmons, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
PER CURIAM
Reversed.
Cite as
302 Or App 116
(2020) 117
PER CURIAM
Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a
period not to exceed 180 days and an order prohibiting him
from purchasing or possessing firearms. ORS 426.130. He
contends that the trial court plainly erred by not advising
him of his rights as required by ORS 426.100(1). The state
concedes that the trial court erred in that regard. We agree
and accept the state’s concession. See State v. M. M.,
(2017) (failure to advise the
appellant of rights and consequences of hearing pursuant
to ORS 426.100(1) was plain error). For the reasons stated
in M. M., we conclude that it is appropriate to exercise our
discretion to correct the error. Consequently, we reverse the
judgment and the order.
Reversed.
