State v. Rios

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 02-24-2016
• Case #: A156812
• Judge(s)/Court Below: Sercombe, P.J.; Tookey, J.; & DeHoog, J. Per Curiam.

Under ORS 151.505(3) and ORS 161.665(4), the Court of Appeals may use its discretion to reverse a judgment ordering a defendant to pay court-appointed attorney fees where the trial court failed to determine the defendant’s ability to pay.

Defendant appealed a conviction of murder (ORS 161.405; ORS 163.115) and ordered to serve 90 months in prison and pay $1,800 in court-appointed attorney fees. On appeal, Defendant argued the court plainly erred by imposing the fees without a determination of ability to pay (ORS 151.505(3); ORS 161.665(4)). The State conceded. The Court accepted the State’s concession and held it was appropriate to exercise its discretion to correct the plain error. Portion of the judgment requiring Defendant to pay attorney fees reversed; otherwise affirmed.

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