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IN RE: T. H. (2018)

Court of Appeals of Oregon.

IN RE: T. H., a Person Alleged to have Mental Illness. STATE of Oregon, Respondent, v. T. H., Appellant.

A166344

Decided: August 01, 2018

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Joseph DeBin and Multnomah Defenders, Inc., 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.

Appellant seeks reversal of a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. Appellant contends that the trial court plainly erred by failing to advise him of all the possible results of the proceedings as required by ORS 426.100(1)(c), including the possibility of conditional release or voluntary treatment. The state concedes that, under State v. M. M., 288 Or. App. 111, 114-16, 405 P.3d 192 (2017), and State v. M. S. R., 288 Or. App. 156, 157, 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.

PER CURIAM

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IN RE: T. H. (2018)

Docket No: A166344

Decided: August 01, 2018

Court: Court of Appeals of Oregon.

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