583
Submitted March 5, reversed April 7, 2021
In the Matter of S. N. O.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
S. N. O.,
Appellant.
Deschutes County Circuit Court
20CC05089; A174593
Alison M. Emerson, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Adam Holbrook, Assistant Attorney
General, filed the brief for respondent.
Before DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Reversed.
584 State v. S. N. O.
PER CURIAM
Appellant appeals a judgment committing her to
the custody of the Mental Health Division for a period not
to exceed 180 days and an order prohibiting her from purchasing or possessing firearms. ORS 426.130. She contends
that the trial court committed plain error when it failed to
advise her pursuant to ORS 426.100(1) of all of the possible
outcomes of the proceeding. The state concedes the error.
We agree and accept the concession. Failure to provide such
statutory advice of rights constitutes plain error. See generally State v. J. R. B.,
(2018) (citing cases concluding such error was plain error).
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.
