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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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