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STATE v. MORALES

(CC 150034CR) (SC S067225).

476 P.3d 954 (2020)

367 Or. 222

STATE of Oregon, Respondent on Review, v. Gerardo MORALES, Petitioner on Review.

Supreme Court of Oregon, En Banc.

November 19, 2020.

Attorney(s) appearing for the Case

Shawn E. Wiley, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Deputy Defender.

Adam Holbrook, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

The issue before the court is whether funds deposited by a third party as security for release of a criminal defendant prior to trial can provide the basis for imposing attorney fees on the defendant, when the defendant does not otherwise have the ability to pay those fees. Here, the trial court found that defendant did not have the ability...

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