State v. Johnson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-10-2015
  • Case #: A154832
  • Judge(s)/Court Below: Per Curiam; Armstrong; Nakamoto; & Egan
  • Full Text Opinion

Trial court ordering payment of court-appointed attorney fees without determining Defendant's ability to pay such fees was plain error.

Defendant appealed conviction for first-degree sexual abuse. Defendant argued on appeal that the trial court committed plain error when it ordered him to pay court-appointed attorney fees without considering his ability to pay. The record below was silent on Defendant's ability to pay. The Court held that the trial court committed plain error by not considering Defendant's ability to pay court-appointed attorney fees before ordering Defendant to pay them. Portion of judgment ordering Defendant to pay court-appointed attorney fees was reversed, otherwise affirmed.

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