State v. Moore

                                    112

    Submitted January 3; in Case Number 18CR65177, portion of judgment
 requiring defendant to pay court-appointed attorney fees reversed, otherwise
affirmed; in Case Numbers 18CR03468, 18CR51604, and 18CR17938, affirmed
                              January 29, 2020


                 STATE OF OREGON,
                  Plaintiff-Respondent,
                            v.
               DAVID ASHLEY MOORE,
                  Defendant-Appellant.
              Marion County Circuit Court
     18CR03468, 18CR51604, 18CR65177, 18CR17938;
      A169240 (Control), A169241, A169242, A169243
                                

   David E. Leith, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Stacy M. Du Clos, Deputy Public Defender,
Office of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Philip Thoennes, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and Egan, Chief Judge,
and Powers, Judge.
   PER CURIAM
   In Case Number 18CR65177, portion of judgment
requiring defendant to pay court-appointed attorney fees
reversed; otherwise affirmed. In Case Numbers 18CR03468,
18CR51604, and 18CR17938, affirmed.
Cite as 

 (2020)                            113

        PER CURIAM
         In these consolidated appeals, defendant challenges
the award of $578 in attorney fees in a case in which he
pleaded guilty to attempted second-degree assault, ORS
163.175, and aggravated harassment, ORS 166.070. The
state concedes the court erred in imposing attorney fees and
agrees that, under the circumstances of this case, the proper
remedy is to reverse the portion of the judgment imposing
the attorney fees. We agree that the court so erred and we
accept the state’s concession. See State v. Villalta, 

, 

 (2018).
        In Case Number 18CR65177, portion of judgment
requiring defendant to pay court-appointed attorney fees
reversed; otherwise affirmed. In Case Numbers 18CR03468,
18CR51604, and 18CR17938, affirmed.