unless the person is or may be able to pay the costs.”); ORS 161.665(4) (“The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them.”). Defendant failed to preserve that claim of error but urges us to review and correct the error as “an error of law apparent on the record.” ORAP 5.45(1); Ailes v. Portland Meadows, Inc., 312 Or 376, 381-82, 823 P2d 956 (1991). The state concedes that the trial court committed plain error when it incorrectly imposed attorney fees in the absence of evidence in the record indicating defendant’s ability to pay. We accept the state’s concession that the trial court plainly erred in imposing attorney fees of $629 on this record. See State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (<HOLDING>). Further, we conclude that, for reasons
holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case holding that a trial court cannot decide the issue of attorneys fees without findings as to one spouses ability to pay and the others need holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries holding that a trial court commits plain error by imposing courtappointed attorney fees where the record is silent as to the defendants ability to pay the fees ordered