State v. McCormack

Defendant was convicted of unlawful possession of methamphetamine, ORS 475.894, third-degree theft, ORS 164.043, and sentenced to 8 days in jail and 18 months’ probation. Among other terms, she was ordered to pay $280 in attorney fees and $850 in fines. On appeal, she assigns error to the imposition of attorney fees. She acknowledges that she did not preserve the error but asks us to exercise our discretion under ORAP 5.45(1) to correct the error as plain error—as we have done in similar circumstances— because the record contains no evidence to support a finding that she is or may be able to…