352 P.3d 742
Or. Ct. App.2015Background
- Defendant convicted of fourth-degree assault (ORS 163.160(3)), menacing (ORS 163.190), and interference with making a report (ORS 165.572); sentenced to five years' imprisonment plus two years' post-prison supervision.
- Trial court ordered defendant to pay $550 in court-appointed attorney fees as part of the judgment.
- Defendant appealed, challenging the imposition of the attorney fees on grounds that the court did not consider his ability to pay.
- The State conceded that, under Oregon precedent, imposing such fees without considering ability to pay is error, but urged the court not to exercise discretion to correct the error for various policy reasons.
- The appellate court limited its discussion to the attorney-fee issue and rejected other assignments of error without written discussion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordering $550 in court-appointed attorney fees without assessing defendant's ability to pay constitutes plain error warranting reversal | State conceded the trial court erred under Oregon law but argued the appellate court should decline plain-error review because the record suggests defendant may be able-bodied/able to work, the fee amount is small, reversing could create a windfall, and defendant can later seek relief for manifest hardship | Trial court committed plain error by imposing fees with no record evidence of ability to pay; reversal is appropriate given incarceration and lack of evidence | Court held plain error occurred and exercised discretion to correct it; reversed the portion of the judgment requiring payment of the $550 in attorney fees |
| Whether any other assignments of error require written discussion | State implicitly argued no | Defendant raised other claims on appeal | Other assignments rejected without written discussion; remainder of judgment affirmed |
Key Cases Cited
- Ailes v. Portland Meadows, Inc., 312 Or. 376, 823 P.2d 956 (recognizing factors for exercising plain-error review)
- State v. Coverstone, 260 Or. App. 714, 320 P.3d 670 (imposition of court-appointed attorney fees is plain error where record is silent on ability to pay)
- State v. Fleet, 270 Or. App. 246, 347 P.3d 345 (reversed $980 in court-appointed fees where defendant faced five-year term and record lacked evidence of ability to pay)
- State v. Baco, 262 Or. App. 169, 324 P.3d 491 (declined plain-error review of $510 in fees where probationary sentence permitted work and defendant had accepted identical fee elsewhere)