State v. Gonzalez-Cristin

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 02-03-2016
• Case #: A156529
• Judge(s)/Court Below: Duncan, P.J.; DeVore, J.; & Flynn, J.

Under ORS 151.505(3) and ORS 161.665(4), a trial court may not sentence a criminal defendant to pay attorney fees to the court-appointed attorney unless the court finds on the record that the defendant can or will be able to pay those fees.

Defendant was convicted for first-degree rape, was sentenced to 100 months in prison, and was ordered to pay $1,600 in fees to his court-appointed attorney. Defendant did not object at trial to the imposition of fees, but argued on appeal that the record does not reflect whether Defendant can or will be able to pay those fees, and therefore the court committed plain error in imposing the fees. The Court agreed and exercised its discretion to reverse that portion of the judgment imposing fees. Otherwise affirmed.

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