Legal Opinion

State v. Washburn

Court of Appeals of Oregon

Decided September 8, 1980No. 79-05042, CA 17565PublishedCited by 7 opinions

1Opinion of the Court

*159RICHARDSON, P.J.

Defendant was convicted by a jury of driving under the influence of intoxicants. ORS 487.540. The judgment ordered him to pay a $300 fine, plus costs. The state filed a cost bill including a charge of $302.46, which was the amount of overtime pay for three sheriff’s deputies who testified at trial. The overtime was paid because they appeared and testified during their off-duty hours. Defendant appeals the assessment of the overtime pay as costs.

The trial court may require a convicted defendant to pay costs. ORS 161.665. That statute provides:

"(2) Costs shall be limited to…

2Cases cited3 opinions

  1. Fuller v. OregonSupreme Court of the United States · 1974
  2. State v. FullerCourt of Appeals of Oregon · 1973
  3. State v. HastingsCourt of Appeals of Oregon · 1976

3Cited by7 opinions

  1. Utter v. Department of Social & Health ServicesCourt of Appeals of Washington · 2007
  2. Utter v. STATE, DEPT. OF SOC. & HEALTH SER.Court of Appeals of Washington · 2007
  3. State v. TwittyCourt of Appeals of Oregon · 1987
  4. State v. HestonCourt of Appeals of Oregon · 1985
  5. State v. FlajoleCourt of Appeals of Oregon · 2006

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