State v. M. L. S.

A failure to provide all information proscribed by ORS 427.265 may be harmless error if the party received all if that information from an alternative source. State v. S. J. F., 247 Or App 321, 326-28, 269 P3d 83 (2011).

Appellant challenged an order committing him to the Department of Human Services under 427.290. Appellant argued the trial court plainly erred when it failed to inform him of the right to subpoena witnesses under ORS 427.265(1). The State conceded that the trial court failed to advise, however, asserted the error was harmless because Appellant’s trial counsel communicated to the court that he did not subpoena witnesses. A failure to provide all information proscribed by ORS 427.265 may be harmless error if the party received all if that information from an alternative source. State v. S. J. F., 247 Or App 321, 326-28, 269 P3d 83 (2011). The Court of Appeals held that the error was not harmless because the trial counsel’s statement does not affirmatively show Appellant was provided the information required by ORS 427.265. Reversed.