State v. Youngblood

Court of Appeals of Oregon

State v. Youngblood

803 P.2d 289, 105 Or. App. 123, 1990 Ore. App. LEXIS 1766

CourtCourt of Appeals of Oregon

DecidedDecember 26, 1990

Docket10-88-08578; CA A62350

StatusPublished

Cited by1 cases

This text of 803 P.2d 289 (State v. Youngblood) 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. Youngblood, 803 P.2d 289, 105 Or. App. 123, 1990 Ore. App. LEXIS 1766 (Or. Ct. App. 1990).

Pincite

Opinion

PER CURIAM

Defendant appeals his conviction for criminal nonsupport. ORS 163.555. He contends that the court erred by denying his motion for acquittal, because there was no evidence that he had the ability to make support payments. There was sufficient evidence from which the jury could find that element beyond a reasonable doubt.

He also contends that the court erred by assessing an amount for recovery of court-appointed attorney fees in excess of the amount actually expended by the state. The state concedes error, and we agree. The evidence showed that defendant’s counsel received a flat fee of $390 for each case handled as court-appointed counsel. See State v. Westby, 99 Or App 371, 781 P2d 1270 (1989). The court apparently calculated the fee on the basis of the number of hours spent by counsel in defense of the charge and ordered defendant to pay $1,020, despite defendant’s objection.

Conviction affirmed; judgment modified to require defendant to pay court-appointed attorney fees of $390.

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PER CURIAM

Defendant appeals his conviction for criminal nonsupport. ORS 163.555. He contends that the court erred by denying his motion for acquittal, because there was no evidence that he had the ability to make support payments. There was sufficient evidence from which the jury could find that element beyond a reasonable doubt.

He also contends that the court erred by assessing an amount for recovery of court-appointed attorney fees in excess of the amount actually expended by the state. The state concedes error, and we agree. The evidence showed that defendant’s counsel received a flat fee of $390 for each case handled as court-appointed counsel. See State v. Westby, 99 Or App 371, 781 P2d 1270 (1989). The court apparently calculated the fee on the basis of the number of hours spent by counsel in defense of the charge and ordered defendant to pay $1,020, despite defendant’s objection.

Conviction affirmed; judgment modified to require defendant to pay court-appointed attorney fees of $390.

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Bluebook (online)

803 P.2d 289, 105 Or. App. 123, 1990 Ore. App. LEXIS 1766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-youngblood-orctapp-1990.

Opinion

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