404 P.3d 980
Or. Ct. App.2017Background
- Defendant convicted of resisting arrest under ORS 162.315.
- Defendant appealed the court-ordered $400 in court-appointed attorney fees.
- Record lacked information on whether defendant is or may be able to pay fees.
- Court plainly erred by imposing fees where ability-to-pay information is silent.
- Defendant is an indigent single parent with additional financial obligations, including a $500 fine.
- Judgment also imposes a 30-day payment deadline and potential $200 acceleration, plus a 28% collection fee if referred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney-fee imposition plain error? | State/defendant: fee imposed without ability-to-pay info. | Defendant: fees violate ORS 151.505(3) and 161.665(4). | Plain error; reversed portion on attorney fees. |
| Invited error on jury instruction? | Prosecution/adverse party argues instruction proper. | Defendant requested the instruction, driving potential error. | No plain error; error deemed invited. |
Key Cases Cited
- State v. Coverstone, 260 Or App 714 (2014) (plain error for fees when ability to pay is silent)
- State v. Lea, 283 Or App 484 (2017) (reversal due to financial circumstances and penalties)
- State v. Oliphant, 347 Or 175 (2009) (jury instruction on peace officer force can be reversible error)
- State v. Vanornum, 354 Or 614 (2013) (same area; invited error considerations)
- Tenbusch v. Linn County, 172 Or App 172 (2001) (invited error when he requested instruction)
- State v. Housego, 276 Or App 550 (2016) (grave error in imposing attorney fees given circumstances)