State v. Fuller

The sole question in this appeal which merits discussion is whether a sentencing court has authority to include among the conditions of probation the requirement that a defendant repay attorney fees and investigator fees that the county expended on his behalf because he was indigent at the time of trial. Such a sentence is authorized by ORS 161.665, 161.675 and 161.685,① enacted by the legislature in 1971. Oregon *154Laws 1971, ch. 743, §§ 80, 81 and 82, p 1899. Relying on James v. Strange, 407 US 128, 92 S Ct 2027, 32 L Ed *1552d 600 (1972), defendant argues it is unconstitutional to require…