State v. Hunt, 350 P.3d 521

Defendant was convicted of fourth-degree assault (domestic violence) and harassment after an altercation; victim initially told a deputy she had "fell down" but later said defendant punched her.
Deputy Eagle testified at trial that he did not initially believe the victim’s first account and continued questioning until she said defendant punched her; defense did not object or seek to strike that testimony.
At sentencing, the court imposed a 14-month prison term and ordered defendant to pay $510 in court‑appointed attorney fees; the state presented no evidence of defendant’s ability to pay.
Defense counsel discussed defendant’s age, unemployment, recent hospitalization, and alcoholism at sentencing, but provided no evidence establishing ability to pay fees.
Defendant appealed raising two unpreserved errors: (1) failure to strike the deputy’s credibility-related testimony (plain error review requested); and (2) imposition of $510 attorney fees without a record showing ability to pay (plain error review requested).

Issue	Plaintiff's Argument (State)	Defendant's Argument	Held
Whether the trial court plainly erred by failing to sua sponte strike deputy testimony that he did not believe the victim’s initial statement	The deputy’s statement reflected his state of mind about the investigation and was a proper, non‑vouching purpose; record not clearly erroneous	The testimony vouched for the victim’s credibility and should have been struck as improper; plain error review warranted	Not plain error; court declined to reach this unpreserved claim
Whether the court plainly erred by ordering $510 in court‑appointed attorney fees without evidence of defendant’s ability to pay	No colloquy or on‑the‑record factfinding was required; absence of protest means record might have other sources of funds	State bore burden to show defendant "is or may be able" to pay; record is silent so imposition was erroneous	Plain error; fee order reversed because record lacked evidence of ability to pay

State v. Brown, 310 Or 347 (plain error three‑part test)
State v. Coverstone, 260 Or App 714 (trial must not order attorney fees unless defendant is or may be able to pay)
State v. Pendergrapht, 251 Or App 630 (state bears burden to show defendant can pay fees)
State v. Kanuch, 231 Or App 20 (state’s burden regarding ability to pay attorney fees)
Ailes v. Portland Meadows, Inc., 312 Or 376 (factors for exercising discretion to correct unpreserved error)
State v. Baco, 262 Or App 169 (similar plain error review where small fee and probationary sentence led to discretionary denial of relief)