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STATE v. CANADY

F11859; A134245 (Control); F11861; A134577.

201 P.3d 225 (2009)

225 Or. App. 299

STATE of Oregon, Plaintiff-Respondent, v. Brock Anthony CANADY, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Mordecai Ira Calhoun, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 14, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, and Stephanie Hortsch, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellants.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denis M. Vannier, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendants were convicted of third-degree assault. At a joint sentencing hearing on May 15, 2006, defendants and the state requested that the court set a later date for a hearing on the issue of restitution. The court granted the request and held the restitution hearing on October 30, 2006. By that time, more than 90 days had elapsed since the entry of their judgments of conviction, and defendants argued that a restitution award was therefore impermissible...

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