State v. D. C. R. (In re D. C. R.)

Court of Appeals of Oregon

State v. D. C. R. (In re D. C. R.)

425 P.3d 501, 294 Or. App. 116

CourtCourt of Appeals of Oregon

DecidedSeptember 12, 2018

DocketA165846

StatusPublished

This text of 425 P.3d 501 (State v. D. C. R. (In re D. C. R.)) 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. C. R. (In re D. C. R.), 425 P.3d 501, 294 Or. App. 116 (Or. Ct. App. 2018).

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Opinion

PER CURIAM

*117Appellant seeks reversal of a judgment committing appellant to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant con-tends, in an unpreserved assignment of error, that the judgment should be reversed because the trial court failed to inform appellant, as required by ORS 426.100(1)(c), of some of the possible results of the hearing. The state concedes the error, and we agree that the court's failure to fully comply with ORS 426.100(1) constitutes plain error. See *502State v. Ritzman , 192 Or. App. 296, 298-99, 84 P.3d 1129 (2004) (failure to advise a person directly regarding the rights listed in ORS 426.100(1) or conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made is plain error). We further conclude that it is appropriate to exercise our discretion to correct the error for the reasons stated in State v. M. L. R. , 256 Or. App. 566, 570-72, 303 P.3d 954 (2013) (nature of the civil commitment proceedings, the gravity of the violation, the ends of justice, and the lack of harmless error).

Reversed.

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PER CURIAM

*117Appellant seeks reversal of a judgment committing appellant to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant con-tends, in an unpreserved assignment of error, that the judgment should be reversed because the trial court failed to inform appellant, as required by ORS 426.100(1)(c), of some of the possible results of the hearing. The state concedes the error, and we agree that the court's failure to fully comply with ORS 426.100(1) constitutes plain error. See *502State v. Ritzman , 192 Or. App. 296, 298-99, 84 P.3d 1129 (2004) (failure to advise a person directly regarding the rights listed in ORS 426.100(1) or conduct an examination on the record to determine whether a valid waiver of the right to be advised has been knowingly and voluntarily made is plain error). We further conclude that it is appropriate to exercise our discretion to correct the error for the reasons stated in State v. M. L. R. , 256 Or. App. 566, 570-72, 303 P.3d 954 (2013) (nature of the civil commitment proceedings, the gravity of the violation, the ends of justice, and the lack of harmless error).

Reversed.

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Bluebook (online)

425 P.3d 501, 294 Or. App. 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-d-c-r-in-re-d-c-r-orctapp-2018.

Opinion

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