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In re B.H.

Court of Appeals of Oregon

July 2, 2014

In the Matter of B. H., Alleged to be a Mentally Ill Person.
v.
B. H., Appellant STATE OF OREGON, Respondent,

Submitted April 4, 2014

Washington County Circuit Court C130067MC. Andrew Erwin, Judge.

Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

OPINION

[264 Or.App. 187] PER CURIAM

In this appeal, appellant seeks reversal of an order committing him for a period not to exceed 180 days. ORS 426.130. He contends, in an unpreserved assignment of error, that the trial court erred in failing to inform him of his right to subpoena witnesses, as required by ORS 426.100(1). The state concedes the error, and we agree that that failure constitutes plain error. We further conclude, for the reasons stated in State v. M. L. R., 256 Or.App. 566, 570-72, 303 P.3d 954 (2013), that it is appropriate to exercise our discretion to correct the error.[1]

Reversed.


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