Legal Opinion

State v. Mullins

Court of Appeals of Oregon

Decided September 21, 2011No. 085207AFE; A141529PublishedCited by 7 opinions

1Opinion of the CourtBrewer, C. J.

Defendant, who was convicted of second-degree assault and third-degree assault, argues on appeal that the trial court erred in entering a supplemental judgment ordering restitution without first allowing defendant to be heard. ORS 137.106(5). As explained below, we conclude that defendant’s failure to file a timely notice of appeal from the supplemental judgment precludes our consideration of his assignment of error pertaining to restitution. Accordingly, we dismiss defendant’s appeal from the supplemental judgment for lack of jurisdiction, see State v. Fowler, 350 Or 133, 252 P3d 302 (2011),…

2Cases cited3 opinions

  1. State v. AinsworthOregon Supreme Court · 2009
  2. State v. FowlerOregon Supreme Court · 2011
  3. Blacknall v. BOARD OF PAROLE AND POST-PRISON SUPERVISIONCourt of Appeals of Oregon · 2008

3Cited by7 opinions

  1. State v. MullinsOregon Supreme Court · 2012
  2. State v. ZolotoffCourt of Appeals of Oregon · 2012
  3. State v. WhiteCourt of Appeals of Oregon · 2011
  4. State v. BennettCourt of Appeals of Oregon · 2011
  5. State v. WhiteCourt of Appeals of Oregon · 2013

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