State v. Y. R. ( 2023 )

829
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
Submitted June 2, reversed July 6, 2023
In the Matter of Y. R.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
Y. R.,
Appellant.
Multnomah County Circuit Court
22CC06468; A179956
Erin E. Kirkwood, Judge.
Joseph R. DeBin and Multnomah Defenders, Inc. filed
the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Robert M. Wilsey, Assistant Attorney
General, filed the brief for respondent.
Before Shorr, Presiding Judge, and Mooney, Judge, and
Pagán, Judge.
SHORR, P. J.
Reversed.
830 State v. Y. R.
SHORR, P. J.
Appellant appeals from a judgment committing
her to the Mental Health Division for a period not to exceed
180 days and prohibiting her from purchasing or possessing
firearms, based on a finding that she has a mental illness.
ORS 426.130. She asserts that the trial court plainly erred
when it failed to provide the advice of rights required by
ORS 426.100(1).
The state concedes the error in failing to advise
appellant of her rights. Failure to provide the statutory
advice of rights constitutes plain error. See State v. R. R. M.,
310 Or App 380, 381, 484 P3d 408 (2021) (trial court’s failure
to advise an appellant of their rights under ORS 426.100(1)
is plain error). Because of the nature of civil commitment
proceedings, the relative interests of the parties, the gravity
of the error, and the ends of justice, we exercise our discre-
tion to correct the error.
Reversed.