State v. Lea
State v. Lea
Opinion of the Court
In this consolidated criminal appeal, defendant seeks reversal of his reckless driving conviction and the imposition of $240 in court-appointed attorney fees.
We accept the state’s concession that the trial court plainly erred in imposing attorney fees of $240 on this record. See State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (it is plain error for a trial court to impose court-appointed attorney fees where the record is silent as to the defendant’s ability to pay them). Because the amount is substantial in light of defendant’s family obligations and circumstances, the error is sufficiently grave to warrant the exercise of our discretion to correct it. See State v. Ramirez-Hernandez, 264 Or App 346, 349, 332 P3d 338 (2014) (exercising discretion because $400 was a substantial amount to pay for the defendant in his circumstances).
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
Defendant was convicted of reckless driving, ORS 811.140, in Case Number 14CR2328 and failure to appear, ORS 162.195, in Case Number 15CR0215.
Reference
- Full Case Name
- STATE OF OREGON, Plaintiff-Respondent v. JOEL ADAM LEA
- Cited By
- 1 case
- Status
- Published