State v. A. B. ( 2022 )

414
Submitted February 4, reversed March 16, 2022
In the Matter of A. B.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
A. B.,
Appellant.
Umatilla County Circuit Court
21CC03453; A176334
505 P3d 1103
Eva J. Temple, 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 Ortega, Presiding Judge, and Powers, Judge, and
Hellman, Judge.
PER CURIAM
Reversed.
Cite as 318 Or App 414 (2022) 415
PER CURIAM
Appellant appeals a judgment committing her to
the Oregon Health Authority for a period not to exceed
180 days based on a finding of mental illness. She argues
that the court plainly erred in committing her because the
record contains no return of service or evidence that she had
been served with the 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, imme-
diately after service thereof, make a return upon the origi-
nal warrant or citation showing the time, place and manner
of such service and file it with the clerk of the court.” See
State v. D. S., 317 Or App 65, 501 P3d 560 (2022) (reversing
similar error as plain error); State v. R. E. J., 306 Or App
647, 474 P3d 461 (2020) (same). For the reasons set forth in
R. E. J., we exercise our discretion to correct the error.
Reversed.