DocketNumber: C132111CR; A156908
Citation Numbers: 276 Or. App. 595, 368 P.3d 77
Judges: Armstrong, Egan, Shorr
Filed Date: 2/24/2016
Status: Precedential
Modified Date: 9/9/2022
Defendant was convicted after a jury trial of four counts of robbery in the first degree with a firearm, ORS 164.415 (Counts 1-4); four counts of unlawful use of a weapon with a firearm, ORS 166.220(l)(a) (Counts 5-8); theft in the first degree, ORS 164.055 (Count 9); and felon in possession of a firearm, ORS 166.270 (Count 10).
In his third assignment, defendant challenges the court’s imposition of $1,000 in attorney fees, contending that the court erred in ordering payment of those fees without determining his ability to pay them. Defendant contends that he adequately preserved that assignment; in the alternative, he contends that we should correct the error as “plain error.” ORAP 5.45(1) (appellate court has discretionary authority to review an unpreserved error of law that is apparent on the record). The state disputes that the error is preserved, but concedes that “[d]efendant’s failure to preserve his argument does not matter” because the error constitutes plain error and we should therefore reverse the attorney-fee portion of the judgment. We agree with the parties that the trial court plainly erred in ordering payment of attorney fees in this case, because the record was silent regarding defendant’s ability to pay them. State v. Coverstone, 260 Or App 714, 320 P3d 670 (2014) (holding that the imposition of court-appointed attorney fees is plain error where the record is silent as to the defendant’s ability to pay the fees ordered). Given the amount of attorney fees
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
The trial court merged the guilty verdicts in Counts 5-8 with the guilty verdicts in Counts 1-4.