State v. R. A. C. ( 2021 )

77
Submitted September 3, reversed October 6, 2021
In the Matter of R. A. C.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
R. A. C.,
Appellant.
Lane County Circuit Court
21CC00708; A175558
496 P3d 1156
Bradley A. Cascagnette, Judge.
Margaret Huntingon and O’Connor Weber LLC 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 DeVore, Presiding Judge, and DeHoog, Judge, and
Mooney, Judge.
PER CURIAM
Reversed.
78 State v. R. A. C.
PER CURIAM
Appellant appeals a judgment committing him
to the Oregon Health Authority for a period not to exceed
180 days. ORS 426.130. He contends that the trial court
plainly erred when it failed to advise him pursuant to ORS
426.100(1) of all of the possible outcomes of the proceeding.
The state concedes the error. We agree and accept the con-
cession. Failure to provide such statutory advice of rights
constitutes plain error. See State v. S. N. O., 310 Or App 583,
584, 484 P3d 1131 (2021) (correcting similar error as plain
error). Given the nature of civil commitment proceedings,
the relative interests of the parties, the gravity of the error,
and the ends of justice, we exercise discretion to correct the
error.
Reversed.