State v. Radtke

• Court: Oregon Court of Appeals
• Area(s) of Law: Attorney Fees
• Date Filed: 02-10-2016
• Case #: A157031
• Judge(s)/Court Below: Per Curiam; Armstrong, P.J.; Hadlock, C.J.; & Egan, J.

The Oregon Court of Appeals may exercise its discretion under ORAP 5.45(1) to reverse a trial court's plain error that imposes court-appointed attorney fees against a convicted criminal defendant when there is no evidence on the record that the court assessed the defendant's ability to pay those fees.

Defendant was convicted of second-degree assault under ORS 163.175, and appealed the trial court's judgment imposing court-appointed attorney fees. Defendant did not preserve the error at trial, but there was also no evidence in the record that the trial court assessed Defendant's ability to pay the court-appointed attorney's fees. Under ORAP 5.45(1), the Court has discretion to correct such plain errors, and exercised its discretion to do so in this case. Reversed on the portion of judgment imposing mandatory court-appointed attorney fees. Otherwise affirmed.

Share Subscribe