State v. Hannick

                                    752

Submitted May 3; portion of judgment requiring defendant to pay attorney fees
                 reversed, otherwise affirmed May 26, 2021


                     STATE OF OREGON,
                      Plaintiff-Respondent,
                                v.
                SAMANTHA LYNN HANNICK,
                     Defendant-Appellant.
                Washington County Circuit Court
                     18CR44955; A169629
                                

   Beth L. Roberts, Judge.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Nora Coon, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and E. Nani Apo, Assistant Attorney
General, filed the brief for respondent.
  Before Lagesen, Presiding Judge, and James, Judge, and
Kamins, Judge.
   PER CURIAM
   Portion of judgment requiring defendant to pay attorney
fees reversed; otherwise affirmed.
Cite as 

 (2021)                              753

        PER CURIAM
          Defendant appeals a judgment of conviction for
unauthorized use of a vehicle (UUV), ORS 164.135, and possession of a stolen vehicle, ORS 819.300. She argues that
the trial court erred in denying her motion for judgment of
acquittal on the UUV count. We reject that argument without discussion. Defendant also argues that the trial court
plainly erred in imposing $600 in attorney fees because the
record does not support a conclusion that she is or may be
able to pay them. The state concedes that this constitutes
plain error. We agree, accept the state’s concession, and, in
light of the circumstances and gravity of the error, exercise
our discretion to correct it. See generally State v. Harris, 

, 

 (2018) (correcting similar
error).
        Portion of judgment requiring defendant to pay
attorney fees reversed; otherwise affirmed.