State v. K. W. (A187912)

No. 157 February 25, 2026 495 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of K. W., a Person Alleged to have Mental Illness.

STATE OF OREGON, Respondent, v. K. W., Appellant.

Lane County Circuit Court 25CC03371; A187912 Debra E. Velure, Judge.

Submitted January 9, 2026.

Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Dan Rayfield, Attorney General, Benjamin Gutman, Interim Deputy Attorney General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

EGAN, J.

Reversed.

496 State v. K. W. (A187912) EGAN, J.

Appellant seeks reversal of a judgment committing her to the Oregon Health Authority for a period not to exceed days, as well as an order prohibiting the purchase or possession of firearms. The trial court entered that judg- ment and order after finding that appellant suffered from a mental disorder that caused her to be unable to provide for her basic needs. See ORS 426.005(1)(f)(B) (2019), amended by Or Laws 2025, ch 559, § 4. We reverse.1 Appellant argues that the trial court plainly erred in failing to give the advice of rights required by ORS 426.100(1). See State v. M. M., 288 Or App 111, 115, 405 P3d 192 (2017) (trial court’s failure to advise appellant of all the possible results of civil commitment proceeding is plain error).

The state concedes the error. Having reviewed the record, we agree with and accept the state’s concession. For the reasons expressed in M. M., we exercise our discretion to correct the error. Id. at 116 (correction of the error is jus- tified by the nature of the proceedings, the relative interests of the parties, and the ends of justice).

Reversed.

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.