State v. Swartz

In this criminal case, defendant appeals the trial court’s judgment convicting her of one count of resisting arrest, ORS 162.315. On appeal, defendant assigns error to the trial court’s imposition of $400 in court-appointed attorney fees.1 Defendant argues, and the state concedes, that the trial court plainly erred by imposing the fees because the record contains no information regarding whether defendant “is or may be able to pay” the fees. See ORS 151.505(3) (providing that a court may not order a person to pay attorney fees unless the person “is or may be able to pay” them); ORS 161.665(4)…