State v. Reedy
State v. Reedy
Opinion of the Court
In this criminal case, defendant appeals the trial court’s judgment of conviction and sentence. On appeal, defendant raises three assignments of error. For the reasons explained below, we reverse the portion of the judgment requiring defendant to pay court-appointed attorney fees, and we otherwise affirm.
Defendant’s first two assignments of error concern the state’s introduction of medical records, and we reject those assignments on the ground that, even assuming that the trial court erred, defendant has failed to establish that any error was prejudicial. See Or Const, Art VII (Amended), § 3 (requiring affirmance if the judgment appealed from “was such as should have been rendered in the case”); State v. Davis, 336 Or 19, 32, 77 P3d 1111 (2003) (holding that evi-dentiary error is not reversible error if it is harmless, that is, if there is “little likelihood that the error affected the verdict”).
In his third assignment of error, defendant, who was sentenced to a total of 150 months in prison, challenges the trial court’s imposition of $6,969.68 in court-appointed attorney fees, asserting that the court had no authority to impose the fees “in the absence of evidence of defendant’s ability to pay.” See ORS 151.505(3) (providing that a court may not order a defendant to pay court-appointed attorney fees “unless the person is or may be able to pay” the fees); ORS 161.665(4) (same); State v. Pendergrapht, 251 Or App 630, 634, 284 P3d 573 (2012) (holding that a court may not impose court-appointed attorney fees when the record “is silent regarding the defendant’s ability to pay those fees”). Defendant did not object to the fees in the trial court. On appeal, he asserts that imposition of the fees is an “error apparent on the record,” see ORAP 5.45(1) (providing for review of such errors); State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (holding that imposition of court-appointed attorney fees constitutes plain error where the record is silent as to the defendant’s ability to pay), and he asks that we exercise our discretion to correct it, see Coverstone, 260 Or App at 717 (exercising discretion to reverse imposition of $8,000 in court-appointed attorney fees
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.