State v. B. E. G.

                                260

              Submitted March 4, reversed April 20, 2022


                In the Matter of B. E. G.,
         a Person Alleged to have Mental Illness.
                  STATE OF OREGON,
                       Respondent,
                            v.
                         B. E. G.,
                        Appellant.
              Marion County Circuit Court
                  21CC04525; A176816
                             

  Matthew L. Tracey, Judge pro tempore.
  Alexander C. Cambier 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 James, Presiding Judge, and Aoyagi, Judge, and
Joyce, Judge.
  PER CURIAM
  Reversed.
Cite as 

 (2022)                            261

        PER CURIAM
         Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period not
to exceed 180 days and an order prohibiting her from purchasing or possessing firearms. She asserts that the court
plainly erred in committing her because the record contains
no citation and no evidence that she had been served with
a 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.” We conclude that the trial
court plainly erred in failing to comply with those statutes,
and for the reasons set forth in State v. J. R. W., 

, 

 (2020), and State v. R. E. J., 

, 

 (2020), we exercise discretion to correct the
error.
        Reversed.