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STATE v. ESHAIA

D111149M; A148309.

291 P.3d 805 (2012)

253 Or. App. 676

STATE of Oregon, Plaintiff-Respondent, v. Timothy George ESHAIA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

Kenneth A. Kreuscher , Portland, argued the cause for appellant. With him on the brief was Portland Law Collective, LLP.

Timothy A. Sylwester , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant was convicted of one count of menacing, ORS 163.190, based on his plea of guilty. His sole contention on appeal is that the trial court erred in imposing $400 in attorney fees without a sufficient basis to conclude that he "is or may be able to pay" those fees, as required by ORS 151.505 and ORS 161.665. We conclude that there was a sufficient basis for the court to impose the fees and, accordingly, affirm.

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