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STATE v. BURGE

(98-05-1567; CA A102441)

1 P.3d 490 (2000)

167 Or. App. 312

In the Matter of Devin Burge, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Devin BURGE, Appellant.

Court of Appeals of Oregon.

Decided May 17, 2000.

Attorney(s) appearing for the Case

Bob Pangburn argued the cause and filed the brief for appellant.

Lainie Block, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and John T. Bagg, Assistant Attorney General.

Before HASELTON, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.

HASELTON, P.J.

Appellant seeks reversal of an order adjudicating him to be chronically mentally ill, ORS 426.005(1)(d)(C), as well as a danger to himself or others, ORS 426.005(1)(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...

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