State v. Garcia

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 07-01-2015
  • Case #: A156082
  • Judge(s)/Court Below: PER CURIAM; Sercombe, P.J.; Tookey, J.; & Edmonds, S.J.
  • Full Text Opinion

A criminal defendant may not be ordered to pay court-appointed attorney fees absent a determination that the defendant has the ability to pay them.

Defendant appealed from a conviction for second-degree robbery under ORS 164.405(1)(b) and a sentence including 70 months in prison and an order to pay $1,800 in court-appointed attorney fees, arguing it was plain error to order him to pay attorney fees without determining whether he had the ability to pay them. The State conceded. The Court reversed the portion of the judgment that required Defendant to pay attorney fees and affirmed the remainder of the judgment.

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