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STATE v. MULLINS

085207AFE; A141529.

263 P.3d 370 (2011)

245 Or. App. 505

STATE of Oregon, Plaintiff-Respondent, v. Michael Lee MULLINS, Defendant-Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 8, 2011.

Attorney(s) appearing for the Case

Mary M. Reese, Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Michael L. Mullins filed the supplemental brief pro se.

Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and GILLETTE, Senior Judge.

BREWER, 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).1 As explained below, we conclude that defendant's failure to file a timely notice of appeal from the supplemental judgment precludes our consideration...

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