State v. D. S.

                                65

        Submitted December 3, 2021, reversed January 12, 2022


                  In the Matter of D. S.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                          D. S.,
                        Appellant.
              Marion County Circuit Court
                  21CC03056; A176289
                            

  Matthew L. Tracey, Judge pro tempore.
    Alexander C. Cambier and Multnomah Defenders, Inc.,
filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Jona J. Maukonen, Assistant Attorney
General, filed the brief for respondent.
  Before Ortega, Presiding Judge, and Shorr, Judge, and
Powers, Judge.
  PER CURIAM
  Reversed.
66                                               State v. D. S.

        PER CURIAM
         Appellant appeals a judgment committing him to the
Oregon Health Authority for a period not to exceed 180 days
based on a finding of mental illness. He asserts that the
court plainly erred in committing him because the record
contains no return of service or evidence that he had been
served with the citation, as required by ORS 426.080 and
ORS 426.090. The state agrees and concedes the error.
We agree and accept the state’s concession. ORS 426.090
requires the court to issue a citation that informs a person
alleged to have a mental illness of specific rights, and ORS
426.080 specifies that the person serving the citation “shall,
immediately after service thereof, make a return upon the
original warrant or citation showing the time, place and
manner of such service and file it with the clerk of the court.”
See State v. J. R. W., 

, 

 (2020)
(reversing similar error as plain error); State v. R. E. J., 

, 

 (2020) (same). For the reasons set
forth in J. R. W. and R. E. J., we exercise our discretion to
correct the error.
        Reversed.