449
Submitted April 2, reversed May 12, 2021
In the Matter of D. T.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
D. T.,
Appellant.
Columbia County Circuit Court
20CC04943; A174605
Jenefer Stenzel Grant, Judge.
Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Colm Moore, Assistant Attorney
General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
PER CURIAM
Reversed.
450 State v. D. T.
PER CURIAM
Appellant seeks reversal of an order committing
him to the Mental Health Division for a period not to exceed
180 days and a supplemental order prohibiting him from
purchasing or possessing firearms, based on a finding that
he suffers from a mental illness. ORS 426.130. Appellant
was hospitalized based on a physician’s hold on August 11,
2020. Several days thereafter, the court, on its own motion,
postponed appellant’s mental commitment hearing until
August 20, then later, until August 21. Appellant asserts
that the court erred in doing so.
Appellant did not preserve any issue concerning
the postponement of his hearing in the trial court, but he
argues on appeal that the court plainly erred in postponing the hearing on its own motion and not holding a hearing within five days of his detention. The state concedes the
error, and we accept that concession. A court is required to
hold a hearing such as this within five judicial days of the
appellant’s detention. State v. L. O. W.,
(2018). A court may postpone such a hearing for
an additional five days at the request of a party, based on a
finding of “good cause.” ORS 426.095(2)(c). As we explained
in State v. J. O. B.,
(2019),
ORS 426.095(2)(c) does not authorize a court to postpone a
hearing on its own motion. We conclude that the error is
plain, and we exercise discretion to correct the error due to
the gravity of the error. See State v. R. W. S.,
