State v. Belen

Defendant appeals the trial court’s judgment, raising two assignments of error. In his first assignment of error, defendant asserts that the trial court committed plain error by failing to instruct the jury that, in order to convict him of first-degree sodomy, as alleged in Count 1 of the indictment, it had to find that he knowingly subjected the victim to forcible compulsion. In his second assignment of error, defendant asserts that the trial court committed plain error by ordering him to pay $8,000 in court-appointed attorney fees. As explained below, based on State v. Nelson, 241 Or App…