STATE v. HASSELBALCH (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Stefan HASSELBALCH, Defendant-Appellant.

A170906

Decided: August 19, 2020

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Emily P. Seltzer, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Adam Holbrook, Assistant Attorney General, filed the brief for respondent.

In a single assignment of error, defendant challenges the trial court's imposition of $462 in court-appointed attorney fees as part of a judgment convicting him for strangulation, fourth-degree assault constituting domestic violence, and second-degree criminal trespass. Defendant argues that the trial court's imposition of those fees was plainly erroneous because there is no evidence in the record that he had the ability to pay them. The state correctly concedes that, on this record, the trial court's imposition of attorney fees constituted plain error under our case law. For reasons similar to those stated in State v. Hunt, 271 Or. App. 347, 353, 350 P.3d 521 (2015), we exercise our discretion to correct that error.

Portion of the judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.

PER CURIAM

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network