State v. Turner

A defendant's motion to sever claims may be denied if crimes against multiple victims are “sufficiently simple and distinct to mitigate the dangers created by joinder"; Court of Appeals may reverse trial court's imposition of attorney fees if the court did not discuss defendant's ability to pay those fees.

Defendant convicted of 17 charges, mostly for sexually abusing multiple victims. Defendant appealed, contending that the trial court erred by denying his motion to sever the charges and imposing $8,000 in attorney fees. Defendant argued that the trial court should have severed the charges because “the evidence of crimes against various victims was not mutually admissible.” The Oregon Court of Appeals held that the trial court correctly denied Defendant’s motion to sever the charges because the record’s indication of crimes against multiple victims was “sufficiently simple and distinct to mitigate the dangers created by joinder.” Regarding Defendant’s second assignment of error, the state conceded that the trial court erred by imposing attorney fees without discussion regarding Defendant’s ability to pay. Imposition of attorney fees reversed; otherwise affirmed.