state v. Boss

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 05-18-2016
• Case #: A157369
• Judge(s)/Court Below: Eagan, For the Court; Armstrong, P.J.; Shorr, J.

Under ORAP 5.45(1), the imposition of attorney fees is clear error if there is no evidence on the record regarding Defendant's ability to pay the fee, and a reviewing court may exercise its discretion to correct the clear error.

Defendant appealed a trial court's order imposing $13,525 in court-appointed attorney fees. While Defendant conceded that he did not preserve the issue at trial, he argued that the Court should exercise its authority to correct the issue since the record was silent on his ability to pay the fee. The State countered by stating that the record did contain evidence of Defendants ability to pay, namely evidence that Defendant worked as a personal trainer. The Court found this unpersuasive, and held that the trial court did plainly error by assessing the fees. In case C130161CR, portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed. In case C131463CR, affirmed.

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