State v. Cline

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 02-18-2016
• Case #: A157163
• 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.

Defendant appealed a trial court's imposition of $1,858 in attorney fees. The state conceded to an err because the record is void of whether defendant “is or may be able” to pay. Since there was an absence of legally sufficient evidence that the defendant could pay, the court used its discretion to hold that the trial court plainly erred. The judgment requiring attorney fees was reversed; otherwise affirmed.

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