State v. Fleet, CR1301807
| Court | Court of Appeals of Oregon |
| Writing for the Court | PER CURIAM. |
| Citation | 270 Or.App. 246,347 P.3d 345 |
| Parties | STATE of Oregon, Plaintiff–Respondent, v. Heather Lynn FLEET, Defendant–Appellant. |
| Decision Date | 01 April 2015 |
| Docket Number | A156101.,CR1301807 |
270 Or.App. 246
347 P.3d 345
STATE of Oregon, Plaintiff–Respondent
v.
Heather Lynn FLEET, Defendant–Appellant.
CR1301807
A156101.
Court of Appeals of Oregon.
Submitted Feb. 6, 2015.
Decided April 1, 2015.
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.
Opinion
PER CURIAM.
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) (the imposition of court-appointed attorney fees is
plain error where the record is silent as to the defendant's ability to pay those fees); 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....
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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. Kurtz, No. 432
...P3d 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 P3d 345 (2015) (reversing $980 in fees where the defendant was sentenced to 60 months in prison); State v. Wells, 269 Or App 528, 529, 345 P3d 498, re......
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State v. Vage, A153712
...gravity 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 f......
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State v. Tiscornia, CM1320811
...Accordingly, 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......
-
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, A153712
...gravity 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 f......
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State v. Kurtz, No. 432
...P3d 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 P3d 345 (2015) (reversing $980 in fees where the defendant was sentenced to 60 months in prison); State v. Wells, 269 Or App 528, 529, 345 P3d 498, re......
-
State v. Tiscornia, CM1320811
...Accordingly, 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......