State v. Strong

Court of Appeals of Oregon

State v. Strong

325 P.3d 795, 262 Or. App. 585, 2014 WL 1711173, 2014 Ore. App. LEXIS 608

CourtCourt of Appeals of Oregon

DecidedApril 30, 2014

Docket11C45285; A151445

StatusPublished

Cited by1 cases

This text of 325 P.3d 795 (State v. Strong) 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.

Bluebook

State v. Strong, 325 P.3d 795, 262 Or. App. 585, 2014 WL 1711173, 2014 Ore. App. LEXIS 608 (Or. Ct. App. 2014).

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Opinion

PER CURIAM

Defendant appeals a judgment convicting him of five counts of first-degree sexual abuse, asserting that the trial court plainly erred in ordering him to pay $11,760 in count-appointed attorney fees in the absence of evidence in the record of his ability to pay those fees. See ORS 151.505(3) (a court may not order a defendant to pay fees unless the defendant “is or may be able” to pay them); ORS 161.665(4) (same); see also State v. Kanuch, 231 Or App 20, 24, 217 P3d 1082 (2009) (the state bears the burden of proving that a defendant is or may be able to pay fees). Defendant points out that, at the time of sentencing, he was 64 years old, that he was sentenced to 186 months of imprisonment, and that no evidence was adduced that he had an ability to pay the fees. We agree with defendant that the trial court in this case committed plain error. See State v. Coverstone, 260 Or App 714, 320 P3d 670 (2014). Furthermore, for the reasons set forth in Coverstone, 260 Or App at 717, we conclude that it is appropriate to exercise our discretion to correct the error in this case.

Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.

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PER CURIAM

Defendant appeals a judgment convicting him of five counts of first-degree sexual abuse, asserting that the trial court plainly erred in ordering him to pay $11,760 in count-appointed attorney fees in the absence of evidence in the record of his ability to pay those fees. See ORS 151.505(3) (a court may not order a defendant to pay fees unless the defendant “is or may be able” to pay them); ORS 161.665(4) (same); see also State v. Kanuch, 231 Or App 20, 24, 217 P3d 1082 (2009) (the state bears the burden of proving that a defendant is or may be able to pay fees). Defendant points out that, at the time of sentencing, he was 64 years old, that he was sentenced to 186 months of imprisonment, and that no evidence was adduced that he had an ability to pay the fees. We agree with defendant that the trial court in this case committed plain error. See State v. Coverstone, 260 Or App 714, 320 P3d 670 (2014). Furthermore, for the reasons set forth in Coverstone, 260 Or App at 717, we conclude that it is appropriate to exercise our discretion to correct the error in this case.

Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.

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Bluebook (online)

325 P.3d 795, 262 Or. App. 585, 2014 WL 1711173, 2014 Ore. App. LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-strong-orctapp-2014.

Opinion

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