State v. S. A. M.

Appellant in this mental commitment case appeals an order committing him to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130. On appeal, in his first assignment of error,1 appellant contends that the trial court committed plain error when it failed to advise him of his right to subpoena witnesses as required by ORS 426.100(1).2 The state concedes that the court’s failure constitutes plain error and requires reversal. We agree, and accept the state’s concession. See State v. R. D. S., 271 Or App 687, 688, 352 P3d 84 (2015) (“A trial court’s failure to…