State v. D. B.

300 P.3d 260, 256 Or. App. 350, 2013 WL 1683358, 2013 Ore. App. LEXIS 446
CourtCourt of Appeals of Oregon
DecidedApril 17, 2013
Docket11M003; A149461
StatusPublished

This text of 300 P.3d 260 (State v. D. B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. D. B., 300 P.3d 260, 256 Or. App. 350, 2013 WL 1683358, 2013 Ore. App. LEXIS 446 (Or. Ct. App. 2013).

Opinion

PER CURIAM

Appellant seeks reversal of the trial court’s judgment committing him as a mentally ill person for a period not to exceed 180 days. ORS 426.130. In his third assignment of error, he contends that the trial court erred in denying him counsel “or alternatively, in allowing him to waive his rights to counsel without sufficient inquiry.” See ORS 426.100(3). The state concedes that the trial court erred in allowing appellant to represent himself at the involuntary commitment hearing without an express waiver and that, accordingly, the trial court’s judgment should be reversed. We agree, accept the state’s concession, and reverse on that basis. Accordingly, we do not address appellant’s first and second assignments of error.

Reversed.

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Related

§ 426.130
Oregon § 426.130
§ 426.100
Oregon § 426.100

Cite This Page — Counsel Stack

Bluebook (online)
300 P.3d 260, 256 Or. App. 350, 2013 WL 1683358, 2013 Ore. App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-d-b-orctapp-2013.