- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 11-09-2011
- Case #: A141827
- Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; & Nakamoto, J.
- Full Text Opinion
Defendant appealed the sentencing court’s decision requiring him to pay court appointed attorney fees. The defendant was convicted of multiple counts of burglary and theft. He sought post-conviction relief and the court ordered his incarceration be reduced from 26 to 24 months with “all other terms and conditions of the original Judgment to remain the same.” The trial court reduced the incarceration but ordered defendant to pay $375 for his court appointed counsel. Under ORS 138.222(5), a post-conviction remand does not give a court the authority to formulate a new sentence. The trial court is limited to the guidance of the post-conviction court. However, ORS 151.505(1) provides that a trial court may order a person to repay all or part of the administrative costs of their appointed counsel. Defendant argued that this fine violated the rule in State v. Turner which held that the imposition of a fine following a successful appeal is prohibited. However, State v. Partain overruled Turner holding that a judge must identify the facts that caused him or her to increase a sentence, and this information must satisfy the reviewing court. Affirmed.