307 Or. App. 370 - State v. Korum

                                    370

Submitted September 4; portions of judgment requiring defendant to pay attorney fees reversed, otherwise affirmed October 21, 2020


                     STATE OF OREGON,
                      Plaintiff-Respondent,
                                v.
                  JERAMIE ALAN KORUM,
                     Defendant-Appellant.
                Washington County Circuit Court
                     18CR60837; A170908

475 P3d 138



   Janelle F. Wipper, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Mark Kimbrell, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Dashiell L. Farewell, Assistant
Attorney General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
   PER CURIAM
   Portions of judgment requiring defendant to pay attorney
fees reversed; otherwise affirmed.
Cite as

307 Or App 370

 (2020)                                371

         PER CURIAM
         After defendant was convicted of felony driving
under the influence of intoxicants, ORS 813.011, the trial
court sentenced him to two years’ supervised probation with
a 90-day jail term as a condition of probation, as well as
ordering defendant to pay a fine and $650 in attorney fees.
On appeal, defendant argues that the trial court erred in
imposing the attorney fees because nothing in the record
indicates that the trial court considered his ability to pay
the fees, nor does the record indicate that he has the ability to pay them. The state acknowledges that nothing in
the record would support a conclusion that defendant “is
or may be able” to pay attorney fees. See generally State
v. Coverstone,

260 Or App 714, 715-16

320 P3d 670

 (2014)
(where the record is silent as to a defendant’s ability to pay, it
is plain error to impose attorney fees). We accept the state’s
concession and, for the reasons stated in State v. Harris,

293 Or App 110, 111

426 P3d 252

 (2018), exercise our discretion
to correct the erroneous attorney fees.
        Portions of judgment requiring defendant to pay
attorney fees reversed; otherwise affirmed.