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STATE v. HAYES

A161924.

404 P.3d 1149 (2017)

288 Or.App. 698

STATE of Oregon, Plaintiff-Respondent, v. Aaron Dwayne HAYES, Defendant-Appellant.

Court of Appeals of Oregon.

November 1, 2017.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General, filed the brief for respondent.

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

On appeal, defendant challenges the trial court's imposition of $922 in court-appointed attorney fees. He asserts that the court committed plain error because 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 pay costs under this section...

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