STATE v. PENDERGRAPHT

D111168M; A148382.

284 P.3d 573 (2012)

251 Or. App. 630

STATE of Oregon, Plaintiff-Respondent, v. Tony Curtis PENDERGRAPHT, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 8, 2012.


Attorney(s) appearing for the Case

Erin Galli and Chilton & Galli, LLC, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Timothy A. Sylwester , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and BREWER, Judge, and DUNCAN, Judge.


DUNCAN, J.

In this criminal case, defendant appeals the trial court's judgment, which, inter alia, requires him to pay $400 in attorney fees. Relying on ORS 151.505 and ORS 161.665, which provide that a court may not require a defendant to pay attorney fees unless the defendant "is or may be able to pay" the fees, defendant argues that the trial court's requirement that he pay the fees is not supported by the record...

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