State v. Lopez-Silva

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 05-18-2016
  • Case #: A157371
  • Judge(s)/Court Below: Armstrong, P.J.; Egan, J.; Shorr, J. Per Curiam.

Under State v. Coverstone, 260 Or App 714 (2014), it is plain error for a court to order a defendant to pay court-ordered attorney fees without an assessment of the defendant's ability to pay.

Defendant was convicted of first-degree sexual abuse under ORS 163.427 and sentenced to 75 months in prison and 10 years of post-prison supervision. Defendant was ordered to pay $1,858 in court-appointed attorney fees. On appeal, Defendant argued the Court should exercise its discretion to review the court's order of attorney fees even though Defendant did not preserve the argument below. The Court concluded it was appropriate to exercise discretion under Coverstone, 260 Or App 714 (2014), because the trial court was silent as to Defendant's ability to pay, constituting plain error. Portion of judgment requiring Defendant to pay attorney fees reversed; otherwise affirmed.

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