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STATE v. STRONG

Nos. 11C45285; A151445.

325 P.3d 795 (2014)

262 Or. App. 585

STATE of Oregon, Plaintiff-Respondent, v. Gordon Fraser STRONG, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 30, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Mary M. Reese , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Tiffany Keast , Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

PER CURIAM.

Defendant appeals a judgment convicting him of five counts of first-degree sexual abuse, asserting that the trial court plainly erred in ordering him to pay $11,760 in count-appointed attorney fees in the absence of evidence in the record of his ability to pay those fees. See ORS 151.505(3) (a court may not order a defendant to pay fees unless the defendant "is or may be able" to pay them); ORS 161.665(4) (same); see also State v. Kanuch,

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