State v. Fleet
| Decision Date | 01 April 2015 |
| Docket Number | A156101.,CR1301807 |
| Citation | 270 Or.App. 246,347 P.3d 345 |
| Parties | STATE of Oregon, Plaintiff–Respondent, v. Heather Lynn FLEET, Defendant–Appellant. |
| Court | Oregon Court of Appeals |
Peter Gartlan, Chief Defender, and Emily P. Seltzer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Michael A. Casper, Senior Assistant Attorney General, filed the brief for respondent.
Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.
Defendant appeals a judgment of conviction for five counts of unlawful delivery of heroin. ORS 475.850. She was sentenced to 60 months in prison and ordered to pay, among other amounts, $980 in court-appointed attorney fees. She contends that the trial court plainly erred in ordering her to pay those court-appointed attorney fees without considering her ability to pay. The state concedes that the trial court plainly erred by imposing attorney fees in the absence of evidence regarding defendant's ability to pay those fees. We agree. See 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). Furthermore, for the reasons articulated in Coverstone, we conclude that it is appropriate to exercise our discretion to correct the plain error. In particular, the error is grave in light of the amount of fees ordered, the length of defendant's prison term, and the lack of evidence in the record suggesting that defendant would be able to pay the fees. See Coverstone, 260 Or.App. at 716–17, 320 P.3d 670 ; see also State v. Crimmins, 267 Or.App. 316, 317, 341 P.3d 750 (2014) (). Accordingly, we accept the state's concession, and reverse that portion of the judgment.
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
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State v. Kurtz, 13C43631
...155, 159–60, 354 P.3d 758 (2015) (reversing $1,500 in fees where the defendant was sentenced to 70 months in prison); State v. Fleet, 270 Or.App. 246, 247, 347 P.3d 345 (2015) (reversing $980 in fees where the defendant was sentenced to 60 months in prison); State v. Wells, 269 Or.App. 528,......
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State v. Vage
...of the trial court's error as an important factor in the exercise of discretion to correct the error); see also State v. Fleet , 270 Or.App. 246, 247, 347 P.3d 345 (2015) (exercising discretion to correct erroneous imposition of $980 in attorney fees, in light of the amount of the fees, the......
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State v. Tiscornia
...we exercise our discretion to correct the trial court's error, for reasons similar to those expressed in State v. Fleet . 270 Or.App. 246, 247, 347 P.3d 345 (2015) (reversing as plain error the imposition of $980 in court-appointed attorney fees based on the amount of fees, the five-year pr......
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State v. Juarez, C140102CR
...that defendant is or may be able to pay the fees. See Coverstone, 260 Or.App. at 716–17, 320 P.3d 670 ; see also State v. Fleet, 270 Or.App. 246, 247, 347 P.3d 345 (2015) (exercising discretion to correct plain error under similar circumstances); State v. Crimmins, 267 Or.App. 316, 317, 341......