- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 02-24-2016
- Case #: A156812
- Judge(s)/Court Below: Sercombe, P.J.; Tookey, J.; & DeHoog, J. Per Curiam.
- Full Text Opinion
Defendant appealed a conviction of murder (ORS 161.405; ORS 163.115) and ordered to serve 90 months in prison and pay $1,800 in court-appointed attorney fees. On appeal, Defendant argued the court plainly erred by imposing the fees without a determination of ability to pay (ORS 151.505(3); ORS 161.665(4)). The State conceded. The Court accepted the State’s concession and held it was appropriate to exercise its discretion to correct the plain error. Portion of the judgment requiring Defendant to pay attorney fees reversed; otherwise affirmed.