State v. Ashley, 249 P.3d 125

Defendant ashley pled guilty to attempted aggravated murder, burglary, assault, sexual abuse, theft, and unlawful use of a weapon.
At sentencing, the court ordered payment of $2,976 in court-appointed attorney fees as part of the sentence.
Defendant asked the court to waive the fees given his lengthy sentence, but did not request findings on ability to pay.
The court declined to waive fees and did not make express findings concerning defendant's ability to pay.
Two statutes authorize payment of court-appointed attorney fees, requiring a showing that the defendant is or may be able to pay and consider financial resources.
The issue on appeal concerns whether the failure to make findings about ability to pay is reversible error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Preservation of failure to be able to pay findings	Ashley contends the court erred by not making findings on ability to pay.	Ashley argues failure to make findings violates ORS 151.505(4) and ORS 161.665(4).	Not preserved; no found request for findings, affirmed.

Bacote v. Johnson, 333 Or. 28 (2001) (requires two-stepability-to-pay and amount determinations under ORS 151.505(4))
State v. Ross, 199 Or. App. 1 (2005) (reversed failure to make findings under ORS 161.665)
Peeples v. Lampert, 345 Or. 209 (2008) (preservation standards apply to special findings)
State v. Kanuch, 231 Or. App. 20 (2009) (need evidence of ability to pay to impose fees)
Pamplin v. Victoria, 319 Or. 429 (1994) (special findings requirements context)