State v. Hastings

Upon trial by jury defendant was convicted of unauthorized use of a motor vehicle, ORS 164.135. The circuit court placed defendant on probation and as one of the conditions of probation, directed defendant to pay Washington County $378, $345 of this amount representing jurors’ fees paid by the county and $33 representing state’s witness fees. The only issue on appeal is whether the sentencing court had authority to order this payment.

The court in its discretion may require a convicted defendant to pay costs, ORS 161.665(1). ORS 161.665(2) specifically excludes the expenses of a jury trial as…