State v. Butcher

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 02-18-2016
• Case #: A156800
• Judge(s)/Court Below: Duncan, P.J., for the Court; DeVore & Flynn, JJ.

Under ORS 151.505(3) and ORS 161.665(4), it is plain error to require a defendant to pay attorney fees in absence of evidence that he is able to do so, and may be reversed if the amount was “substantial” in light of defendant’s circumstances.

Defendant seeks to reverse her first and second-degree robbery convictions because she claims that the court erred by requiring her to pay court appointed attorney fees of $440. The state, however, concedes that the trial court erred because the record is void of whether defendant “is or may be able” to pay. On appeal, the court agreed because there was an absence of legally sufficient evidence and the amount was “substantial” in light of defendant’s circumstances. The requirement to pay attorney fees was refersed; otherwise affirmed.

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