STATE v. CALLENTANO

12C46454; A152811.

326 P.3d 630 (2014)

263 Or. App. 190

STATE of Oregon, Plaintiff-Respondent, v. Vanelli CALLENTANO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 21, 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 Paul L. Smith , Attorney-in-Charge, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and HASELTON, Chief Judge.


PER CURIAM.

Defendant was convicted of first-degree robbery, sentenced to 90 months in prison, and ordered to pay a $200 fine and $2,500 in court-appointed attorney fees. On appeal, defendant contends that the trial court erred in ordering him to pay the attorney fees when the record is silent as to whether he "is or may be able" to pay those costs of his defense. See ORS 151.505(3) ("The court may not require a person to pay costs under this section unless...

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