State v. Juarez-Hernandez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 12-30-2015
  • Case #: A157764
  • Judge(s)/Court Below: Armstrong, P.J.; Hadlock, J.; & Allen, J. pro tem. Per Curiam.
  • Full Text Opinion

Trial court committed plain error in requiring Defendant to pay attorney fees without first considering Defendant’s ability to pay.

Defendant appealed imposition of attorney fees where trial court did not consider Defendant’s ability to pay. Defendant did not preserve this issue for appeal. The State conceded that imposing attorney fees without considering Defendant’s ability to pay was plain error. The Court accepted the State’s concession and exercised its discretion under ORAP 5.45(1) to correct the trial court’s plain error. Portion requiring payment of attorney fees reversed, otherwise affirmed.

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