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STATE v. WALLACE

10C47160; A149156.

311 P.3d 975 (2013)

258 Or. App. 800

STATE of Oregon, Plaintiff-Respondent, v. Larry Lynn WALLACE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 9, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Jedediah Peterson , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

DUNCAN, J.

Defendant appeals the trial court's judgment convicting and sentencing him for one count of murder with a firearm. ORS 163.115; ORS 161.610. Defendant assigns error to the trial court's imposition of attorney fees, asserting that the imposition of the fees violates ORS 161.665(4), which provides that a court may not sentence a defendant to pay attorney fees for court-appointed counsel "unless the defendant is or may be able to pay them." For the reasons...

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