State v. Charron

504 P.3d 1287, 317 Or. App. 652

• Court: Court of Appeals of Oregon
• Decided: February 16, 2022
• Docket: A172798
• Status: Published

Opinion

Submitted December 30, 2021; portion of judgment requiring defendant to pay attorney fees reversed, otherwise affirmed February 16, 2022

STATE OF OREGON, Plaintiff-Respondent, v. WILLIAM JAY CHARRON, Defendant-Appellant. Josephine County Circuit Court 19CR27426; A172798 504 P3d 1287

Matthew G. Galli, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Joanna L. Jenkins, Assistant Attor- ney General, filed the brief for respondent. Before Tookey, Presiding Judge, and Aoyagi, Judge, and Armstrong, Senior Judge. PER CURIAM Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed. Cite as 317 Or App 652 (2022) 653

PER CURIAM In this criminal appeal, defendant assigns error to the trial court’s refusal to give his requested less-satisfactory- evidence jury instruction. We reject that assignment of error. Defendant also assigns plain error to the trial court’s imposition of court-appointed attorney fees, arguing that the record lacked evidence to support a finding that he has the ability to pay attorney fees. The state concedes the error; we accept the concession. We also exercise our discretion to correct the error because, under the circumstances here, it is worth correcting given the seriousness of the error. Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.