State v. Pendergrapht

In this criminal case, defendant appeals the trial court’s judgment, which, inter alia, requires him to pay $400 in attorney fees. Relying on ORS 151.505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant “is or may be able to pay” the fees, defendant argues that the trial court’s requirement that he pay the fees is not supported by the record. For the reasons explained below, we agree and, therefore, reverse the attorney fee award and otherwise affirm.

The relevant facts are undisputed. Defendant was charged with two counts of…