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STATE v. WEHR

13C44134; A156531.

365 P.3d 148 (2015)

275 Or. App. 528

STATE of Oregon, Plaintiff-Respondent, v. Brian Lee WEHR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 16, 2015.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Erica Herb , 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 ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

Defendant appeals a judgment of conviction, arguing that the trial court committed plain error by ordering him to pay $1,600 in court-appointed attorney fees without a finding that defendant had an ability to pay fees. See ORS 151.505(3) (court may not require a person to pay costs unless the defendant is or may be able to pay...

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