State v. Watchman

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 09-16-2015
• Case #: A155880
• Judge(s)/Court Below: Per Curiam; Sercombe, P.J.; Nakamoto, J.; & De Muniz, S.J.

Under ORS 151.505(3) and ORS 161.665(4), a trial court commits reversible error by imposing attorney fees on a defendant if it does not indicate on the record that the defendant can pay those attorney fees.

Defendant was convicted for burglary. At sentencing, the trial court imposed $1,300 in attorney fees against Defendant. However, prior to imposing the attorney fees, the trial court failed to show evidence on the record to support a finding that he is or may be able to pay the attorney fees. On review, the State conceded the error, and the Court determined that this portion of the judgment was reversible error. Otherwise, affirmed.

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