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IN RE: J. M. V., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. J. M. V., Appellant.
Appellant appeals an order civilly committing him to the Mental Health Division for a period of time not to exceed 180 days and an order prohibiting him from possessing firearms. The error asserted by appellant is that the trial court failed to advise him about all the information required by ORS 426.100(1) (providing that a court conducting a civil commitment hearing is required, among other things, to advise the person with an alleged mental illness of all the possible results of the hearing). Appellant did not object to the court's failure to comply with ORS 426.100(1) but asks that we review the asserted error as plain error. ORAP 5.45(1). The state responds with a concession that the trial court plainly erred and that the orders should be reversed. We agree with the concession and accept it. See State v. M. L. R., 256 Or. App. 566, 570, 303 P.3d 954 (2013) (“[The] failure to provide a person with all of the information required by ORS 426.100(1) constitutes an egregious error that justifies plain error review.”). Further, for the reasons stated in M. L. R.—namely, the nature of civil commitment proceedings, the gravity of the violation, and the ends of justice—we deem it appropriate to exercise our discretion to correct the error. Id.
Reversed.
PER CURIAM
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Docket No: A174119
Decided: November 18, 2020
Court: Court of Appeals of Oregon.
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