State v. C. T. ( 2021 )

863
Submitted March 5, reversed April 21, 2021
In the Matter of C. T.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
C. T.,
Appellant.
Klamath County Circuit Court
20CC05255; A174667
485 P3d 312
Cameron F. Wogan, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc., filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Shannon T. Reel, Assistant Attorney
General, filed the brief for respondent.
Before Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed.
864 State v. C. T.
PER CURIAM
Appellant seeks reversal of a judgment committing
her to 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 both
must be reversed because the court failed to issue a citation
to her as required by ORS 426.090, which provides, among
other things, that a citation must contain “the specific rea-
sons the person is believed to be a person with mental ill-
ness.” As the state concedes, we have found reversible plain
error in situations where no citation was issued. See State v.
R. E. F., 299 Or App 199, 447 P3d 56 (2019) (exercising discre-
tion to correct plain error given the gravity of the violation).
We further note that this case is distinguishable from State
v. K. R. B., 309 Or App 455, 482 P3d 134 (2021), in which we
declined to exercise discretion to correct an error, where a
citation was served belatedly at the commitment hearing
but the record nonetheless established that the appellant in
that case had been advised of his rights as required by ORS
426.090. Here, appellant was not so advised, and no cita-
tion was ever issued. For the reasons set forth in R. E. F., we
exercise our discretion to review and correct the error.
Reversed.