State v. Moreno-Hernandez

Under ORS 151.505 and 161.665, a court can award attorney fees when there is objective, non-speculative evidence that Defendant has the ability to pay. State v. Pendergrapht, 251 Or App 630, 633, 284 P3d 573 (2012). The three prerequisites for compensatory fines under ORS 137.101(1): criminal activities; a victim who incurred objectively verifiable economic damages that the victim could recover in a civil action; and causal relationship between the two. State v. Alonso, 284 Or App 512, 516, 393 P3d 256 (2017).

Defendant appealed the trial court’s conviction of second-degree rape, second-degree sodomy, unlawful sexual penetration, forcing prostitution upon another, sexual abuse and giving methamphetamine to a minor. Defendant assigned error to the court's requirement to pay compensatory fines and attorney fees. On appeal, Defendant argued that it was improper to impose compensatory damages when the victim did not incur economic damages from his crimes and that there was insufficient evidence in the record to suggest that Defendant had the ability to pay the fees. In response, the State argued that the evidence in the record that Defendant appeared to be healthy and able to maintain work to pay. Under ORS 151.505 and 161.665, a court can award attorney fees when there is objective, non-speculative evidence that Defendant has the ability to pay. State v. Pendergrapht, 251 Or App 630, 633, 284 P3d 573 (2012). The three prerequisites for compensatory fines under ORS 137.101(1): criminal activities; a victim who incurred objectively verifiable economic damages that the victim could recover in a civil action; and causal relationship between the two. State v. Alonso, 284 Or App 512, 516, 393 P3d 256 (2017). The Court of Appeals held that the trial court erred in awarding attorney fees because the evidence that Defendant appeared to be healthy at the time of conviction was subjective and speculative and erred in awarding compensatory damages because the victim did not incur objective economic harm.