STATE v. KANUCH

05CR0897; A138249.

217 P.3d 1082 (2009)

231 Or. App. 20

STATE of Oregon, Plaintiff-Respondent, v. Brian Scott KANUCH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 23, 2009.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Robin A. Jones, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Karla H. Ferrall, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.


LANDAU, P.J.

Defendant appeals a judgment of conviction for aggravated murder with a firearm. ORS 163.095. He assigns error to the trial court's entry of a money judgment for $15,000 in attorney fees as part of the sentence, arguing that the court failed to find that he has assets sufficient to pay all or part of that amount. We agree with defendant and vacate the portion of the judgment that requires defendant to pay attorney fees. We remand for resentencing, but...

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