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IN MATTER OF LOEHLINE

900596049; CA A65478.

804 P.2d 1226 (1991)

105 Or. App. 623

In the Matter of Adeline Loehline, Alleged to be a Mentally Ill Person, STATE of Oregon, Respondent, v. Adeline LOEHLINE, Appellant.

Court of Appeals of Oregon.

Decided February 13, 1991.

Attorney(s) appearing for the Case

Paul L. Breed, Portland, argued the cause and filed the brief for appellant.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.

PER CURIAM.

In this civil commitment proceeding, the allegedly mentally ill person assigns as error the trial court's finding that she knowingly and intelligently refused her right to court appointed counsel. ORS 426.100(3)(d). The trial court never advised her on the record of her right to counsel or made a sufficient inquiry to determine whether she was knowingly and intelligently refusing counsel. We accept the state's concession that that was error.

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