State v. A. B.
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238 August 1, 2018 No. 384 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of A. B., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. A. B., Appellant. Deschutes County Circuit Court 17CC06528; A166479 Owyhee Weikel-Magden, Judge pro tempore. Submitted June 1, 2018. Alexander C. Cambier 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. Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge. PER CURIAM Reversed. Cite as 293 Or App 238 (2018) 239 PER CURIAM Appellant seeks reversal of a judgment committing him to the custody of the Oregon Health Authority for a period not to exceed 180 days and an order prohibiting him from purchasing or possessing firearms. ORS 426.130. Appellant contends that the trial court plainly erred by failing to advise him of the right to subpoena witnesses, as required by ORS 426.100(1). The state concedes that, under State v. Z. A. B., 264 Or App 779, 780, 334 P3d 480, adh’d to as modified on recons, 266 Or App 708, 338 P3d 802 (2014), and State v. M. L. R., 256 Or App 566, 570-71, 303 P3d 954 (2013), 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.
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