State v. E. W. ( 2021 )

678
Submitted November 5, reversed December 29, 2021
In the Matter of E. W.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
E. W.,
Appellant.
Wasco County Circuit Court
21CC02150; A175948
500 P3d 1292
Janet L. Stauffer, 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 Armstrong, Presiding Judge, and Tookey, Judge,
and Aoyagi, Judge.
PER CURIAM
Reversed.
Cite as 316 Or App 678 (2021) 679
PER CURIAM
Appellant appeals a judgment committing him to
the Oregon Health Authority for a period not to exceed 180
days and prohibiting him from purchasing or possessing
firearms. ORS 426.005; ORS 426.130. He contends that the
trial court committed plain error when it failed to advise
him pursuant to ORS 426.100(1) of his rights. The state con-
cedes the error. We agree and accept the concession. Failure
to provide such statutory advice of rights constitutes plain
error. See State v. D. B., 167 Or App 312, 1 P3d 490 (2000)
(correcting error under similar circumstances). Given the
nature of civil commitment proceedings, the relative inter-
ests of the parties, the gravity of the error, and the ends of
justice, we exercise discretion to correct the error.
Reversed.