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STATE v. SCHARF

MC 030064; A123261.

116 P.3d 949 (2005)

201 Or. App. 71

In the Matter of Nathan Scharf, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Nathan SCHARF, Appellant.

Court of Appeals of Oregon.

Decided August 3, 2005.

Attorney(s) appearing for the Case

Kent A. Anderson, La Grande, argued the cause and filed the brief for appellant.

Judy Carol Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

WOLLHEIM, P.J.

Appellant seeks reversal of his civil commitment, raising two assignments of error. Because our disposition of the first assignment is dispositive, we do not consider the second assignment of error. Appellant argues that the trial court erred in not advising him of his rights under ORS 426.100(1). The state concedes that the trial court erred, and we agree with that concession. The state, however, argues that we should affirm the trial court's judgment...

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