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STATE v. JOHNSON

A158851.

379 P.3d 878 (2016)

279 Or. App. 599

STATE of Oregon, Plaintiff-Respondent, v. Jackie Thompson JOHNSON, Defendant-Appellant.

Court of Appeals of Oregon.

July 20, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Kyle Krohn , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Rebecca M. Auten , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Lagesen, Judge, and Garrett, Judge.

PER CURIAM

Defendant appeals a judgment of conviction entered after a bench trial in which the court found him guilty of unlawful possession of methamphetamine. In his only assignment of error, he contends that the trial court committed plain error when it ordered him to pay $634 in attorney fees when the record was silent as to whether he "is or may be able to pay" the costs of his defense. See ORS 151.505(3) ("The court may not require a person to...

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