State v. A. B.

                               414

           Submitted February 4, reversed March 16, 2022


                  In the Matter of A. B.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                          A. B.,
                        Appellant.
             Umatilla County Circuit Court
                   21CC03453; A176334
                           

  Eva J. Temple, Judge.
   Joseph R. DeBin 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 Powers, Judge, and
Hellman, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2022)                            415

        PER CURIAM
          Appellant appeals a judgment committing her to
the Oregon Health Authority for a period not to exceed
180 days based on a finding of mental illness. She argues
that the court plainly erred in committing her because the
record contains no return of service or evidence that she had
been served with the citation, as required by ORS 426.080
and ORS 426.090. The state 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. D. S., 

, 

 (2022) (reversing
similar error as plain error); State v. R. E. J., 

, 

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