State v. Velazquez-Valleo

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 06-03-2015
• Case #: A154859
• Judge(s)/Court Below: PER CURIAM. Duncan, P.J.; Lagesen, J.; & Flynn, Judge.

A judgment ordering a defendant to pay attorney fees may be reversed on appeal where circumstances of the defendant's case render him or her unable to pay court-ordered attorney fees, even if the error was unpreserved below.

Defendant appealed a judgment of conviction for one count each of burglary in the second degree, criminal mischief in the second degree, and criminal mischief in the third degree, as well as 18 months' probation and $600 in attorney fees. On appeal, Defendant argued the trial court erred by failing to establish she "is or may be able" to pay the fees as required by ORS 161.665(4). The error was unpreserved, and the State contended the Court should decline to review. The Court held the record reflected Defendant had substance abuse issues, mental illness, and an immigration hold that may result in deportation, and therefore was unable to pay the fees. Portion of judgment requiring Defendant to pay attorney fees reversed; otherwise affirmed.

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