State v. Wells
State v. Wells
Opinion of the Court
Defendant was convicted of assault in the second degree, ORS 163.175, and sentenced to 70 months’ incarceration and 36 months’ post-prison supervision. He first contends that the trial court erred in convicting him of the assault “absent evidence sufficient to prove that defendant acted with an awareness that his conduct would cause serious physical injury,” contending that the Supreme Court’s contrary interpretation of ORS 163.175 in State v. Barnes, 329 Or 327, 338, 986 P2d 1160 (1999), is incorrect. We reject that assignment of error without discussion. He next contends that the trial court plainly erred in imposing $1,600 in court-appointed attorney fees because the trial court “did not find (and could not have found) that defendant was or might be able to pay the court-appointed attorney fees given his incarceration and the other potential limitations on his ability to earn income in prison or upon release.”
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
Defendant was under the jurisdiction of the Psychiatric Security Eeview Board and living at the Oregon State Hospital at the time of his offense.
Reference
- Full Case Name
- STATE OF OREGON, Plaintiff-Respondent v. JESSE LEON WELLS
- Cited By
- 3 cases
- Status
- Published