State v. Noyce

In this criminal appeal, defendant assigns error to the trial court’s imposition of $80 in court-appointed attorney fees because the record was silent as to whether he “is or may be able to pay” the costs of his defense. See ORS 151.505(3) (“The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs.”); ORS 161.665(4) (containing a similar provision); see also ORAP 5.45(1) (authorizing review of “plain error”); State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (holding that a trial court commits plain error by imposing…