State v. Belen, 369 P.3d 438

Defendant was indicted on multiple sex-related counts; Count 1 charged first-degree sodomy (ORS 163.405) alleging he “knowingly... by forcible compulsion” caused the victim to engage in deviate sexual intercourse.
The victim (defendant’s wife) testified defendant pushed her face-first onto the bed after she said “no” and anally raped her; she denied any prior consensual sexual role‑playing involving such force.
Defendant denied the allegations, claiming the incidents never occurred.
The trial court instructed the jury using an outdated UCrJI that omitted a required culpable‑mental‑state instruction (i.e., that the defendant knowingly subjected the victim to forcible compulsion). Defendant did not object.
Jury convicted on Count 1 (first‑degree sodomy) among other counts; court sentenced defendant to lengthy prison terms and ordered $8,000 in court‑appointed attorney fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether omission of a jury instruction that forcible‑compulsion must be accompanied by a culpable mental state ("knowingly") is plain error	State concedes Nelson and Gray require a mental‑state instruction but argues error should not be corrected because defendant may have chosen not to object	Defendant argues omission is plain error under Nelson/Gray and review is warranted	Court: Failure to instruct was plain error under Nelson/Gray, but error was harmless on these facts (similar to Ross) because the jury necessarily credited testimony showing forcible compulsion and no evidence suggested lack of knowledge
Whether ordering $8,000 in court‑appointed attorney fees without a record showing defendant "is or may be able" to pay is plain error	State points to prior employment evidence (years earlier) and argues it supports imposition	Defendant argues record is silent about present or future ability to pay; fees improper absent proof	Court: Trial court plainly erred in imposing $8,000 in fees; appellate court exercises discretion to correct error and reverses the fee award

State v. Nelson, 241 Or App 681 (discusses that “subjected to forcible compulsion” requires a culpable mental state)
State v. Gray, 261 Or App 121 (failure to instruct on mental state for forcible compulsion is plain error)
State v. Ross, 271 Or App 1 (similar instructional error held harmless where evidence compelled finding of knowing forcible compulsion)
State v. Mejia‑Espinoza, 267 Or App 682 (trial court plainly erred imposing attorney fees absent evidence defendant could pay; appellate court corrected error)
State v. Coverstone, 260 Or App 714 (court cannot impose court‑appointed attorney fees without evidence defendant is or may be able to pay)