State v. Musgrave

In this criminal appeal, defendant’s sole contention is that the trial court erred in imposing $629 in attorney fees because there was insufficient evidence to conclude that he “is or may be able” to pay the 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 defendant to pay costs under this section unless the defendant is or may be able to pay them.”). Defendant concedes that his assignment of error is unpreserved but asks that we review it as an error…