State v. Stock

Court of Appeals of Oregon

State v. Stock

643 P.2d 877, 56 Or. App. 857, 1982 Ore. App. LEXIS 2892

CourtCourt of Appeals of Oregon

DecidedApril 19, 1982

Docket81-0139, CA A21723

StatusPublished

Cited by6 cases

This text of 643 P.2d 877 (State v. Stock) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Stock, 643 P.2d 877, 56 Or. App. 857, 1982 Ore. App. LEXIS 2892 (Or. Ct. App. 1982).

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Opinion

*858 PER CURIAM

Defendant appeals from a trial court order that he pay $2,302.28 to the county for the expense of providing an attorney for defendant in this criminal proceeding. At the time of sentencing, the amount of attorney fees had not been determined. At that time costs in the amount of $696.67 were imposed, payable at the rate of $50 per month; the order further provided that defendant reimburse the county “in the amount of $_for expenses incurred for retaining counsel, * * *” payable at the rate of $50 per month. It was clear that the court intended, and that defendant understood, that he was to pay the total amount of $100 per month upon defendant’s release. At a subsequent time, when defendant was not present, the amount of attorney fees was inserted in the order.

Although defendant’s attorney did not request a hearing at the time of sentencing, he had no reason or incentive to do so; within limits, it was he who would determine the amount of the attorney fees. We think that under these circumstances defendant is entitled to a hearing on the amount of attorney fees for which he must make restitution to the county.

Sentence vacated, and cause remanded for a hearing on the amount to be paid on account of attorney fees.

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*858 PER CURIAM

Defendant appeals from a trial court order that he pay $2,302.28 to the county for the expense of providing an attorney for defendant in this criminal proceeding. At the time of sentencing, the amount of attorney fees had not been determined. At that time costs in the amount of $696.67 were imposed, payable at the rate of $50 per month; the order further provided that defendant reimburse the county “in the amount of $_for expenses incurred for retaining counsel, * * *” payable at the rate of $50 per month. It was clear that the court intended, and that defendant understood, that he was to pay the total amount of $100 per month upon defendant’s release. At a subsequent time, when defendant was not present, the amount of attorney fees was inserted in the order.

Although defendant’s attorney did not request a hearing at the time of sentencing, he had no reason or incentive to do so; within limits, it was he who would determine the amount of the attorney fees. We think that under these circumstances defendant is entitled to a hearing on the amount of attorney fees for which he must make restitution to the county.

Sentence vacated, and cause remanded for a hearing on the amount to be paid on account of attorney fees.

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643 P.2d 877, 56 Or. App. 857, 1982 Ore. App. LEXIS 2892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stock-orctapp-1982.

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