State v. Beeman
State v. Beeman
Opinion of the Court
*84Defendant appeals a judgment of conviction for third-degree robbery, ORS 164.395, and second-degree theft, ORS 164.045. As a result of those convictions, defendant was sentenced to 26 months in prison, followed by 24 months of post-prison supervision.
Defendant asserts that the trial court plainly erred in imposing attorney fees in the absence of evidence that he "is or may be able to pay" them. See ORS 151.505(3) ("The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs."); ORS 161.665(4) ("The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them."); see also ORAP 5.45(1) ("No matter claimed as error will be considered on appeal unless the claim of error was preserved in the lower court * * *, provided that the appellate court may, in its discretion, consider a plain error."); State v. Coverstone ,
Furthermore, for the reasons articulated in Coverstone ,
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
In particular, defendant was sentenced to 26 months in prison and 24 months of post-prison supervision on the robbery conviction. On the theft conviction, the court imposed a 90-day jail sentence to run concurrently with the sentence on the robbery conviction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.