State v. Wehr

Defendant appeals a judgment of conviction, arguing that the trial court committed plain error by ordering him to pay $1,600 in court-appointed attorney fees without a finding that defendant had an ability to pay fees. See ORS 151.505(3) (court may not require a person to pay costs unless the defendant is or may be able to pay them); ORS 161.665(4) (same). The state contends that we should not reverse because defendant invited any error and any error was not plain error. We conclude that the appearance of invited error is great enough so as to make any error less than plain. We affirm.

Defendan…