State v. Starodubov
Annotate this Case
Download PDF
No. 191 May 1, 2019 407 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. EUGENIA Y. STARODUBOV, Defendant-Appellant. Clackamas County Circuit Court 16CR16659; A165615 Thomas J. Rastetter, Judge. Submitted March 26, 2019. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Morgen E. Daniels, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Greg Rios, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge. PER CURIAM Portion of the judgment requiring defendant to pay attorney fees reversed; otherwise affirmed. 408 State v. Starodubov PER CURIAM Appealing a judgment of conviction for unlawful possession of heroin, ORS 475.854, defendant assigns error to the trial court’s (1) failure to supply a concurrence instruction to the jury and (2) imposition of $887 in courtappointed attorney fees in the absence of evidence that defendant had the statutorily required ability, or potential ability, to pay those fees. Neither assignment of error is preserved. We reject the first assignment of error on the ground that the trial court’s error, if any, is not plain. As to the second assignment of error, the state concedes—correctly— 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. Harris, 293 Or App 110, 111, 426 P3d 252 (2018), we exercise our discretion to correct that error. Portion of the judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
