State v. Opitz

In this criminal case, defendant appeals, raising two assignments of error. In his first assignment of error, defendant asserts that the trial court committed plain error by ordering him “to pay $1,600 in attorney fees without determining that [he] had the ability to pay.” The state concedes that the trial court committed plain error by ordering defendant to pay the fees. We accept the state’s concession and exercise our discretion to correct that error. In his second assignment of error, defendant asserts that the trial court committed plain error by denying him “eligibility for sentence…