State v. Juarez, C140102CR
Decision Date | 11 May 2016 |
Docket Number | A158234.,C140102CR |
Citation | 278 Or.App. 332,374 P.3d 960 |
Parties | STATE of Oregon, Plaintiff–Respondent, v. Santos Gil JUAREZ, Defendant–Appellant. |
Court | Oregon Court of Appeals |
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David Sherbo–Huggins, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Susan Yorke, Assistant Attorney General, filed the brief for respondent.
Before SERCOMBE, Presiding Judge, and TOOKEY, Judge, and DeHOOG, Judge.
Defendant appeals a judgment of conviction for attempted murder, ORS 163.115 ; ORS 161.405 ; first-degree assault, ORS 163.185 ; second-degree assault, ORS 163.175 ; five counts of unlawful use of a weapon, ORS 166.220 ; and four counts of menacing, ORS 163.190. He was sentenced to 90 months in prison and ordered to pay, among other amounts, $1,800 in court-appointed attorney fees. Defendant raises two assignments of error on appeal. We reject defendant's first assignment of error without discussion, and write only to address his second assignment, in which he contends that the trial court plainly erred in ordering him to pay court-appointed attorney fees in the absence of evidence that he is or may be able to pay those fees. See ORS 151.505(3) ( ); ORS 161.665(4) (same). The state, for its part, “concedes that the trial court plainly erred in imposing $1,800 in attorney fees in the absence of evidence in the record indicating defendant's ability to pay.” We agree. See State v. Chavez, 263 Or.App. 187, 188, 326 P.3d 629, rev. den., 356 Or. 163, 334 P.3d 971 (2014) ( ); State v. Coverstone, 260 Or.App. 714, 716, 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 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) ( ); State v. Crimmins, 267 Or.App. 316, 317, 341 P.3d 750 (2014) (sa...
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