State v. White

Defendant, who was convicted of fourth-degree assault, ORS 163.160, and harassment, ORS 166.065, argues on appeal that the trial court committed plain error in imposing restitution and asks this court to “vacate the restitution order.” The state responds that the trial court properly imposed restitution, and it also argues that, in light of the Supreme Court’s decision in State v. Fowler, 350 Or 133, 252 P3d 302 (2011), this court lacks jurisdiction to consider defendant’s argument because defendant failed to timely appeal from the supplemental judgment imposing restitution. As explained…