State v. Eshaia

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 10-24-2012
  • Case #: A148309
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Brewer, J.; and Sercombe, J.
  • Full Text Opinion

Evidence that a defendant is receiving income through disability payments is sufficient evidence for a trial court to impose attorney's fees under the "is" or "may be able" to pay standard.

Defendant appealed the trial court's imposition of $400 in attorney fees following a conviction of menacing, for which he pleaded guilty. Defendant argued that while he does receive disability income, the trial court did not consider the burden of the $400 payment. He also argued that his attorney asserted Defendant was unemployed and unable to pay. The State argued that Defendant had an income and therefore satisfied the requirement that he "is," or "may be able" to pay the fees. The Court concluded that the recorded evidence of disability income sufficiently supported that Defendant is, or may be able to pay the attorney's fees. Affirmed.

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