State v. Callentano

Defendant was convicted of first-degree robbery, sentenced to 90 months in prison, and ordered to pay a $200 fine and $2,500 in court-appointed attorney fees. On appeal, defendant contends that the trial court erred in ordering him to pay the attorney fees when the record is silent as to whether he “is or may be able” to pay those costs of his defense. See 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…