State v. T. H.

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236 August 1, 2018 No. 383 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of T. H., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. T. H., Appellant. Lane County Circuit Court 17CC06348; A166344 Maurice K. Merten, Judge. Submitted June 1, 2018. Joseph 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 Shorr, Judge. PER CURIAM Reversed. Cite as 293 Or App 236 (2018) 237 PER CURIAM Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court plainly erred by failing to advise him of all the possible results of the proceedings as required by ORS 426.100(1)(c), including the possibility of conditional release or voluntary treatment. The state concedes that, under State v. M. M., 288 Or App 111, 114-16, 405 P3d 192 (2017), and State v. M. S. R., 288 Or App 156, 157, 403 P3d 809 (2017), the trial court committed plain error that warrants reversal. We agree with the state, accept the concession, and, for the reasons stated in those cases, exercise our discretion to correct the error. Reversed.

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