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STATE v. WALTENBURG

A164759.

422 P.3d 433 (2018)

293 Or. App. 234

STATE of Oregon, Plaintiff-Respondent, v. Matthew Nathan WALTENBURG, Defendant-Appellant.

Court of Appeals of Oregon.

August 1, 2018.

Attorney(s) appearing for the Case

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

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Christopher A. Perdue , Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant appeals a judgment of conviction for possession of methamphetamine and driving under the influence of intoxicants. Defendant argues that the trial court committed plain error when it ordered him to pay $186 in court-appointed attorney fees because the record contains no evidence of defendant's ability to pay them.

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