State v. White

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 11-02-2011
  • Case #: A144392
  • Judge(s)/Court Below: Brewer, C.J. for the Court; Ortega, P.J.; & Sercombe, J.
  • Full Text Opinion

Appeals from supplemental judgments, like other judgments, must be timely for the Court of Appeals to maintain jurisdiction.

Defendant was convicted of assault and harassment. The trial court entered a judgment of conviction that contained a monetary award of costs and fees and required defendant pay restitution in an amount "to be determined." Defendant timely appealed from that judgment. Two months later, the trial court entered a supplemental judgment imposing restitution. Defendant filed an amended notice of appeal from the supplemental judgment. Defendant argued on appeal that the trial court erred in imposing restitution by supplemental judgment. The state responded that the trial court properly imposed restitution because defendant failed to timely appeal from the supplemental judgment imposing restitution, and therefore the Court of Appeals lacked jurisdiction to consider defendant's argument. The Court of Appeals rejected defendant's appeal because he sought relief from the supplemental judgment of restitution, which was not the judgment of conviction from which he timely appealed. Affirmed.

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