State v. Hernandez-Camacho

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-02-2016
  • Case #: A157700
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lageson, J.; and Garrett, J.
  • Full Text Opinion

Under ORS 161.665(4), a court may not sentence a defendant to pay attorney fees unless the defendant is or may be able to pay them.

At trial, the court imposed $3,095 on defendant for his court appointed attorney’s fees. On appeal, defendant argued the trail court erred in its imposition of the attorney fees because they were made with insufficient evidence in the record to support a finding that defendant “is or may be able to pay” those fees. See ORS. 161.665(4). The Court of Appeals held the record was sufficient to permit a nonspeculative inference that, after his release from prison, defendant may be able to pay the attorney fees imposed in this case; thus, the trial court did not plainly err in imposing $3,095 in court-appointed attorney fees. Affirmed.

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