State v. Anthony

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 06-02-2016
  • Case #: A157629
  • Judge(s)/Court Below: Ortega P.J. for the Court; Lagesen J.; & Garrett J.

The trial court commits an error if it does not examine the criminal defendant's ability to pay court appointed attorney fees.

Defendant appealed his conviction of first-degree theft, alleging that the trial court erred by imposing court-appointed attorney fees. Defendant claimed that the record was silent as to whether he “[was] or may be able to pay” for the cost of his defense and evidence showed that Defendant would be overburdened. The State conceded to the error of imposing $629 worth of attorney fees. Reversed.

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