State v. Cook

Defendant appeals a judgment of conviction, asserting only an unpreserved assignment of error regarding the trial court’s award of attorney fees for defendant’s court-appointed lawyer under ORS 151.505(3) and ORS 161.665(4). Defendant contends that the award must be set aside in its entirety because the record contains no evidence that defendant “is or may be able to pay” any amount of attorney fees. 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) (“The court may not sentence a…