State v. Crimmins, C130526CR
Decision Date | 26 November 2014 |
Docket Number | A154631.,C130526CR |
Citation | 341 P.3d 750,267 Or.App. 316 |
Parties | STATE of Oregon, Plaintiff–Respondent, v. Cameron Carmichael CRIMMINS, Defendant–Appellant. |
Court | Oregon Court of Appeals |
Kyle Krohn, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.
Gregory A. Rios, Assistant Attorney General, argued the cause for respondent. On the briefs were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Leigh A. Salmon, Assistant Attorney General.
Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.
Defendant appeals a judgment of conviction, after a bench trial, for unlawful delivery of methamphetamine, ORS 475.890, and unlawful possession of methamphetamine, ORS 475.894, both as commercial drug offenses. He was sentenced to 58 months in prison and ordered to pay, among other amounts, $1,100 in court-appointed attorney fees. He first asserts that the trial court erred in admitting evidence of his nonverbal statement to police—viz., nodding his head in response to an officer's question—after he had been Mirandized. That claim of error is unpreserved, and it does not constitute error apparent on the record. See ORAP 5.45(1) ( ); State v. Brown, 310 Or. 347, 355, 800 P.2d 259 (1990) ( ). Accordingly, we reject it without further discussion.
Defendant also contends that the trial court plainly erred in ordering him to pay $1,100 in court-appointed attorney fees without considering his ability to pay. The state concedes the error, and we agree. See, e.g., State v. Chavez, 263 Or.App. 187, 326 P.3d 629, rev. den., 356 Or. 163, 334 P.3d 971 (2014) ( ); State v. Coverstone, 260 Or.App. 714, 320 P.3d 670 (2014) (same). We also conclude, given the amount of the fees ordered, the length of defendant's prison term, and the lack of evidence in the record indicating that defendant would be able to pay the fees, that it is appropriate for us to exercise our discretion to correct the error in this case. See, e.g., State v. Callentano, 263 Or.App. 190, 191, 326 P.3d 630 (2014) ( ); Chavez, 263 Or.App. at 188, 326 P.3d 629 (same). Cf. State v. Baco, 262 Or.App. 169, 171, 324 P.3d 491, rev. den., 355 Or. 751, 331 P.3d 1010 (2014) (...
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