State v. B. E. G.
Annotate this Case
Download PDF
260 April 20, 2022 No. 279 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of B. E. G., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. B. E. G., Appellant. Marion County Circuit Court 21CC04525; A176816 Matthew L. Tracey, Judge pro tempore. Submitted March 4, 2022. Alexander C. Cambier 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 James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge. PER CURIAM Reversed. Cite as 319 Or App 260 (2022) 261 PER CURIAM Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period not to exceed 180 days and an order prohibiting her from purchasing or possessing firearms. She asserts that the court plainly erred in committing her because the record contains no citation and no evidence that she had been served with a 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, immediately after service thereof, make a return upon the original warrant or citation showing the time, place and manner of such service and file it with the clerk of the court.” We conclude that the trial court plainly erred in failing to comply with those statutes, and for the reasons set forth in State v. J. R. W., 307 Or App 372, 475 P3d 138 (2020), and State v. R. E. J., 306 Or App 647, 474 P3d 461 (2020), we exercise discretion to correct the error. Reversed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
