State v. Dentel

For there to be plain error on the record,the error must be (1) one of law; (2) obvious and not reasonably in dispute; and (3) revealed on the face of the record, so that the court does not need to go outside the record to find error, and the facts constituting the error are irrefutable.

Defendant appealed a charge of unlawful use of a weapon, assigning two errors: (1) that the trial court plainly erred by not merging the unlawful use charge with another charge of felon in possession of a firearm; and (2) that the trial erred by requiring Defendant to pay the attorney fees of his court-appointed attorney. Defendant conceded that his first issue was not preserved. The Court stated that for a plain error to exist the error must be obvious, beyond reasonable doubt. The Court concluded that plain error did not occur, and therefore, Defendant’s argument could not be heard because it was not preserved. Defendant’s argued in his second issue that the trial court failed to consider his ability to pay for the court-appointed attorney. The state conceded this issue, and the Court found that the trial court plainly erred in this regard. Portion of judgment requiring defendant to pay court-appointed attorney fees reversed; otherwise affirmed.