IN RE: C. T. (2021)

Appellant seeks reversal of a judgment committing her to the Mental Health Division for a period not to exceed 180 days and an order prohibiting her from purchasing or possessing firearms. ORS 426.130. She contends that both must be reversed because the court failed to issue a citation to her as required by ORS 426.090, which provides, among other things, that a citation must contain “the specific reasons the person is believed to be a person with mental illness.” As the state concedes, we have found reversible plain error in situations where no citation was issued. See State v. R. E. F., 299 Or. App. 199, 447 P.3d 56 (2019) (exercising discretion to correct plain error given the gravity of the violation). We further note that this case is distinguishable from State v. K. R. B., 309 Or. App. 455, 482 P.3d 134 (2021), in which we declined to exercise discretion to correct an error, where a citation was served belatedly at the commitment hearing but the record nonetheless established that the appellant in that case had been advised of his rights as required by ORS 426.090. Here, appellant was not so advised, and no citation was ever issued. For the reasons set forth in R. E. F., we exercise our discretion to review and correct the error.

Reversed.

PER CURIAM