State v. R. R. M.

                                380

              Submitted March 5, reversed March 31, 2021


                In the Matter of R. R. M.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                        R. R. M.,
                        Appellant.
              Douglas County Circuit Court
                  20CC04706; A174454
                             

  Jason R. Thomas, 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 Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2021)                            381

        PER CURIAM
         Appellant appeals a judgment committing her to
the custody of the Mental Health Division for a period not to
exceed 180 days. ORS 426.130. She contends that the trial
court committed plain error when it failed to advise her
of her right pursuant to ORS 426.100(1) to subpoena witnesses. The state concedes the error. We agree and accept
the concession. As we have held in numerous cases, failure
to provide such statutory advice of rights constitutes plain
error. See generally State v. B. O., 

, 

 (2016) (citing cases). Given the nature of civil commitment proceedings, the relative interests of the parties,
the gravity of the error, and the ends of justice, we exercise
discretion to correct the error.
        Reversed.