State v. Charron

                                   652

Submitted December 30, 2021; portion of judgment requiring defendant to pay
       attorney fees reversed, otherwise affirmed February 16, 2022


                    STATE OF OREGON,
                     Plaintiff-Respondent,
                               v.
                  WILLIAM JAY CHARRON,
                     Defendant-Appellant.
                Josephine County Circuit Court
                     19CR27426; A172798
                               

  Matthew G. Galli, Judge.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Matthew Blythe, Deputy Public Defender, 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 Tookey, Presiding Judge, and Aoyagi, Judge, and
Armstrong, Senior Judge.
  PER CURIAM
   Portion of judgment requiring defendant to pay attorney
fees reversed; otherwise affirmed.
Cite as 

 (2022)                                653

         PER CURIAM
          In this criminal appeal, defendant assigns error to
the trial court’s refusal to give his requested less-satisfactoryevidence jury instruction. We reject that assignment of
error. Defendant also assigns plain error to the trial court’s
imposition of court-appointed attorney fees, arguing that
the record lacked evidence to support a finding that he has
the ability to pay attorney fees. The state concedes the error;
we accept the concession. We also exercise our discretion to
correct the error because, under the circumstances here, it
is worth correcting given the seriousness of the error.
        Portion of judgment requiring defendant to pay
attorney fees reversed; otherwise affirmed.