State v. Kuehner

Defendant appeals a judgment awarding the state prosecution costs under ORS 161.665(1). He assigns error to the imposition of $7,808.34 in prosecution costs comprising overtime salary paid to police officers, arguing that police overtime expenditures are not a recoverable item of cost under the statute. We agree with defendant and, accordingly, reverse.

The relevant facts are not in dispute. Defendant was arrested and indicted on charges of kidnapping, rape, sexual abuse, and resisting arrest. He posted bail on the charges and was released pending trial. He thereafter armed himself with a…