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STATE v. BANKS

C052439CR; A144078.

265 P.3d 50 (2011)

246 Or. App. 109

STATE of Oregon, Plaintiff-Respondent, v. Willie BANKS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 19, 2011.

Attorney(s) appearing for the Case

Erin Galli and Chilton & Galli, LLC, filed the brief for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Timothy A. Sylwester , Attorney-in-Charge, Capital Cases, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

Defendant appeals a judgment extending his probation to six years from the date of the initial sentencing. Defendant argues that, under ORS 137.010, his probation could be extended only to five years, not six. Defendant acknowledges that he did not raise the issue below, but urges us to reverse on the basis of error apparent on the face of the record. ORAP 5.45(1); see Ailes v. Portland Meadows, Inc., 312 Or. 376

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