State v. Fleet

Defendant appeals a judgment of conviction for five counts of unlawful delivery of heroin. ORS 475.850. She was sentenced to 60 months in prison and ordered to pay, among other amounts, $980 in court-appointed attorney fees. She contends that the trial court plainly erred in ordering her to pay those court-appointed attorney fees without considering her ability to pay. The state concedes that the trial court plainly erred by imposing attorney fees in the absence of evidence regarding defendant’s ability to pay those fees. We agree. See State v. Chavez, 263 Or App 187, 326 P3d 629, rev den,…