State v. Hawkins

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 08-26-2015
• Case #: A157344
• Judge(s)/Court Below: PER CURIAM; Duncan, P.J.; Lagesen, J.; & Flynn, J.

Under ORS 151.505(3) and ORS 161.665(4), a trial court commits plain error by requiring a criminal defendant to pay court-appointed attorney fees unless the court finds the defendant can or will be able to pay them.

Defendant was convicted for one count of driving under the influence of intoxicants. The trial court appointed an attorney for Defendant. After conviction and sentencing, the trial court ordered Defendant to pay attorney fees, but no evidence on the record showed that Defendant was or will be able to pay the court-appointed attorney fees. Defendant appealed on the issue of fees, and the State conceded that there was no finding on the record that Defendant could or would be able to pay the fees. On review, the Court agreed that the trial court had committed plain error, and reversed the trial court’s assessment of fees. Otherwise affirmed.

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