Oregon Supreme Court - August 23, 2012

by: Sduclos • August 23, 2012 • no comments

Notice of Appeal from Supplemental Judgment - 30 Day Period Does Not Require Appellate Attorney to Receive Notice

Under ORS 138.071(4), a defendant has 30 days to file notice of appeal from a supplemental judgment "after the defendant receives notice that the judgment has been entered."

The statute requires that defendant receives actual, rather than constructive notice of the entry before the 30-day period begins to run, but a "defendant" includes defendant's trial counsel or appellate counsel.

Here, Defendant's trial counsel received notice of entry of a supplemental judgment of restitution in November 2009, more than four months after it was entered by the trial court. Four months later, in March 2010, appellate counsel received notice of entry of that judgment and filed notice of appeal. The court holds that because trial counsel was still acting as defendant's agent at the time he received notice of the judgment, "defendant" received actual notice as of November 2009. Thus, his amended notice of appeal in March 2010 was not timely filed. State v. Mullins, ___ Or ___ (Aug 23, 2012).