State v. Barger

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Sentencing
  • Date Filed: 09-30-2015
  • Case #: A156126
  • Judge(s)/Court Below: Lagesen, P.J.; Garrett, J.; and Schuman, S.J. Per curiam.
  • Full Text Opinion

The Court of Appeals has discretion to reverse trial court's imposition of attorney fees where the trial court did not determine the defendant's ability to pay attorney fees.

Defendant was convicted of first-degree robbery and third-degree robbery. In addition to his sentence, the trial court imposed attorney fees totaling $2,976. Defendant appealed, arguing that the trial court admitted inadmissible hearsay and that the trial court imposed attorney fees without discussing Defendant’s ability to pay those fees. The Oregon Court of Appeals rejected the first assignment of error. Regarding the second assignment of error, the State conceded that the trial court erred when it imposed attorney fees without discussion of Defendant’s ability to pay them. The Court reasoned that it was appropriate to correct the trial court’s error regarding the fees. Imposition of attorney fees reversed; otherwise affirmed.

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