State v. Burge

*314HASELTON, P. J.

Appellant seeks reversal of an order adjudicating him to be chronically mentally ill, ORS 426.005(l)(d)(C), as well as a danger to himself or others, ORS 426.005(l)(d)(A), and committing him to the Oregon Mental Health and Developmental Disability Services Division. The state concedes that the trial court erred in failing to advise appellant of his rights under ORS 426.100(1),1 notwithstanding his counsel’s ostensible “waiver” of advice of rights. As explained below, we accept the state’s concession of error and reverse.

At the commitment hearing, the following colloquy occurred: