State v. Rowton

The issue in this case is whether a trial court may require a defendant to pay, as a condition of probation, the cost of court-appointed counsel on appeal.

Defendant was convicted for driving while suspended. ORS 487.560. Imposition of sentence was suspended, and he was placed on probation for a period of three years. Among the conditions of probation were that he pay $540.90 for the cost of his court-appointed trial counsel, a $300 fine and a monthly $10 probationary fee. Defendant appealed, contending that the court had made no determination as to his ability to make the payments and had…