State v. Flagg

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 11-04-2015
• Case #: A155651
• Judge(s)/Court Below: Duncan, P.J.; DeVore, J.; & Flynn, J. Per Curiam.

A court may not impose attorney fees on a criminal defendant without discussion of the defendant's ability to pay those fees.

Defendant sentenced to 350 months in prison and ordered to pay $4,600 in fines and $2,976 in attorney fees. Defendant appealed, claiming that the trial court plainly erred when it imposed the attorney fees. The state conceded that this was an error. The Court held that the trial court erred when imposing attorney fees without discussion of Defendant’s ability to pay those fees. Portion of judgment requiring Defendant to pay attorney fees reversed; otherwise affirmed.

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