State v. J. A. C. (In re J. A. C.)

Court of Appeals of Oregon

State v. J. A. C. (In re J. A. C.)

422 P.3d 426, 292 Or. App. 894

Court of Appeals of Oregon·Decided July 18, 2018·No. A166278·Published

Opinion

PER CURIAM

*427 *895Appellant appeals a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days pursuant to ORS 426.130. He argues that the trial court committed plain error when it failed to fully advise him that the possible results of the proceeding included voluntary treatment or conditional release. See ORS 426.100 (1)(c) ; ORS 426.130(1), (2). The state concedes that, under State v. M. M. , 288 Or. App. 111, 405 P.3d 192 (2017), and State v. M. S. R. , 288 Or. App. 156, 403 P.3d 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

*427 *895Appellant appeals a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days pursuant to ORS 426.130. He argues that the trial court committed plain error when it failed to fully advise him that the possible results of the proceeding included voluntary treatment or conditional release. See ORS 426.100 (1)(c) ; ORS 426.130(1), (2). The state concedes that, under State v. M. M. , 288 Or. App. 111, 405 P.3d 192 (2017), and State v. M. S. R. , 288 Or. App. 156, 403 P.3d 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.

State v. J. A. C. (In re J. A. C.), 422 P.3d 426, 292 Or. App. 894 (Or. Ct. App. 2018).

Pincite

422 P.3d 426 (State v. J. A. C. (In re J. A. C.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related