State v. Cook

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 12-24-2014
• Case #: A155184
• Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Flynn, J.

An erroneous attorney fee award is not reversible if the error is unpreserved for appeal, not plain on the face of the record, and invited by the appellant.

Defendant appealed the attorney fees awarded to defense counsel, offering an unpreserved argument that any award of attorney fees is improper because of Defendant’s inability to pay. The state concedes that the fee award was improper. After a conference between both parties, the trial court significantly reduced its initial fee award based on Defendant’s ability to pay the award. Both parties agreed to the reduced fee on the record. On review, the Court held that the error was not plain on the record, and that even so, Defendant had invited the error. On both theories, the Court held that the unpreserved error was not reversible, and affirmed the fee award. Affirmed.

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