State v. Perez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 12-16-2015
  • Case #: A156600
  • Judge(s)/Court Below: Ortega, P.J.; Lagesen, J.; & Garrett, J. Per Curiam
  • Full Text Opinion

When a defendant invites an error, such as by agreeing to it before the court has made its final decision, they lose the right to challenge that error on appeal through plain error review.

Defendant appeals a judgment of conviction and argues that the trial court committed plain error by ordering her to pay $406 in court-appointed attorney fees when the record contained no information regarding whether she “is or may be able to pay” the costs of her defense. The State argues that plain error review should be denied because Defendant invited any error that the court made in imposing fees. The record demonstrates that when discussing the length of time spent in jail, Defendant told the court she did not have a problem with the attorney fees. Through that concession, Defendant essentially told the court that she “is or may be able to pay” the fees. By inviting or agreeing to the fees, Defendant has no right to challenge that decision as plain error. Affirmed.

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