IN RE: E. J. T. (2022)

Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period of time not to exceed 180 days and prohibiting her from purchasing or possessing firearms. She asserts that the trial court plainly erred in committing her, because the record contains no indication that she had been served with a citation, as required by ORS 426.080 and ORS 426.090. The state concedes that neither the trial court file nor the transcript of the commitment hearing contain any evidence that a citation was served on appellant. We agree and accept the state's concession. ORS 426.090 requires the court to issue a citation that includes certain information and that informs a person alleged to have a mental illness of specific rights. 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, and for the reasons set forth in State v. J. R. W., 307 Or. App. 372, 475 P.3d 138 (2020), and State v. R. E. J., 306 Or. App. 647, 474 P.3d 461 (2020), we exercise our discretion to correct the error.

Reversed.

PER CURIAM