State v. M. R.

                               196

          Submitted September 4, reversed October 7, 2020


                 In the Matter of M. R.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                          M. R.,
                        Appellant.
              Marion County Circuit Court
                  20CC00956; A173677
                           

  Janet A. Klapstein, Judge pro tempore.
   Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Joanna Hershey, Assistant Attorney
General, filed the brief for respondent.
  Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2020)                             197

        PER CURIAM
         Appellant seeks reversal of a judgment involuntarily committing him to the Oregon Health Authority for
up to 180 days, as well as an order prohibiting him from
purchasing or possessing firearms. He asserts that the trial
court plainly erred in failing to fully advise him of the possible consequences of the mental commitment proceeding,
as required by ORS 426.100(1). He argues that, although
the trial court advised him of some of the possible outcomes
of the proceeding, it omitted key information concerning
several outcomes, including conditional release. See State v.
M. T., 

, 

 (2011) (advice
must include “information about possible results—voluntary
treatment and conditional release—that can be secured
only with the cooperation of the allegedly mentally ill person”). The state concedes that the trial court plainly erred
in that regard and that the judgment and firearms order
must be reversed. We agree with the state’s concession and,
for the reasons expressed in State v. S. J. F., 

, 

 (2011), exercise our discretion to correct the
error.
        Reversed.