State v. S. K. H.
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558 June 27, 2018 No. 306 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of S. K. H., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. S. K. H., Appellant. Lane County Circuit Court 17CC05738; A166253 Maurice K. Merten, Judge. Submitted May 4, 2018. Alexander C. Cambier 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 Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge. PER CURIAM Reversed. Cite as 292 Or App 558 (2018) 559 PER CURIAM Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In her only assignment of error, appellant contends that the trial court plainly erred when it failed to advise her of the possible results of the commitment hearing as required by ORS 426.100(1). Specifically, she asserts that the trial court plainly erred when it failed to advise her of the possibilities of dismissal, voluntary treatment, or conditional release. In response, the state concedes that the trial court’s failure to advise appellant of all of the possible results of the proceeding as required by ORS 426.100(1) is plain error. State v. M. M., 288 Or App 111, 114-16, 405 P3d 192 (2017); State v. M. S. R., 288 Or App 156, 157, 403 P3d 809 (2017). We agree that the error is plain, and conclude that it is appropriate to exercise our discretion to correct the error for the reasons stated in M. M., 288 Or App at 116 (nature of civil commitment proceedings, relative interests of the parties in those proceedings, gravity of the violation, and ends of justice). Reversed.
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