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STATE v. SMITH

A180649.

543 P.3d 1258 (2024)

330 Or. App. 397

STATE of Oregon, Plaintiff-Respondent, v. Jalen Bajajuan Nazedeky SMITH, aka Jalen Bajajuan Nazede Smith, Defendant-Appellant.

Court of Appeals of Oregon.

January 31, 2024.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and John Evans, Deputy Public Defender, Office of Public Defense Services, for petition.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, for response.

Before Egan, Presiding Judge, and Lagesen, Chief Judge, and Pagán, Judge.

ORS 19.270 generally makes the timely filing of a notice of appeal a prerequisite to our jurisdiction over appeal. ORS 138.071(5) creates an exception to that rule, allowing a defendant in a criminal case to file a motion for leave to file a late notice of appeal. The question before us is whether we have jurisdiction to review and...

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