Oregon Appellate Court--January 9, 2019

by: Rankin Johnson • January 16, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SENTENCING - Marijuana use

Trial court erred by imposing marijuana prohibition without first finding that defendant does not possess a medical-marijuana card. Remanded for further proceedings.

State v. Kilgore 295 Or App 602 (January 9, 2019) (Armstrong) (Yamhill County, Collins)

EVIDENCE - Other-bad-acts

Evidence that defendant previously abused the victim's mother was admissible to show sexual purpose. Affirmed.

State v. Moles 295 Or App 606 (January 9, 2019) (DeVore) (Marion County, Prall)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)

XXX, FEES, AND COSTS - Ability to pay

Evidence that defendant had previously worked did not support a finding that he could afford to pay $1,737 in court-appointed attorney fees while serving a 70-month prison term. Reversed.

State v. XXX 295 Or App XXX (January 9, 2019) (XXX) (XXX County, XXX)