- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 02-18-2016
- Case #: A157163
- Judge(s)/Court Below: Duncan, P.J., for the Court; DeVore & Flynn, JJ.
- Full Text Opinion
Defendant appealed a trial court's imposition of $1,858 in attorney fees. The state conceded to an err because the record is void of whether defendant “is or may be able” to pay. Since there was an absence of legally sufficient evidence that the defendant could pay, the court used its discretion to hold that the trial court plainly erred. The judgment requiring attorney fees was reversed; otherwise affirmed.