State v. Slessler

*90In a single assignment of error, defendant challenges the trial court's imposition of $221 in court-appointed attorney fees as part of a judgment concerning a probation violation. He argues, as he did below, that he lacked the ability to pay those fees. See State v. Kanuch , 231 Or. App. 20, 24, 217 P.3d 1082 (2009) (court cannot order a defendant to pay costs unless the state proves the defendant's ability to pay them). The state concedes that, under this court's case law, the evidence in the record is insufficient to support a finding that defendant is or may be able to pay the attorney…