- Court: Oregon Court of Appeals
- Area(s) of Law: Attorney Fees
- Date Filed: 10-21-2015
- Case #: A156746
- Judge(s)/Court Below: Per Curiam; Duncan, P.J.; DeVore, J.; & Flynn, J.
- Full Text Opinion
Defendant Walker appealed a judgment imposing $400 in court-appointed attorney fees, to which she did not object at trial. Asking for plain error review, on appeal Defendant argued the court erred in ordering the attorney fees without a determination of her ability to pay. The Court held the trial court erred in ordering the fees without making this determination, and under the circumstances including Defendant’s indigence and a silent record as to ability to pay it was appropriate to correct the error. Reversed as to attorney fees; otherwise affirmed.