State v. Ramirez-Reyes

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 10-07-2015
• Case #: A156480
• Judge(s)/Court Below: Per Curiam; Duncan, P.J.; DeVore, J.; & Flynn, J.

Under ORS 151.505(3), a trial court commits plain error by imposing $5,000 in court-appointed attorney fees without considering whether the defendant "is or may be able to pay" the fees.

Defendant appealed the trial court's imposition of $5,000 in court-appointed attorney fees. Evidence at trial showed that it was likely that Defendant would be deported after his 88-month prison sentence. The Court held that this was insufficient evidence to support a finding that Defendant “is or may be able to pay” the attorney fees, and that the trial court committed plain error by imposing the fees. Portion of judgment imposing attorney fee reversed, otherwise affirmed.

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