In this criminal appeal, defendant assigns error to the trial courts refusal to give his requested less-satisfactory-evidence jury instruction. We reject that assignment of error. Defendant also assigns plain error to the trial courts imposition of court-appointed attorney fees, arguing that the record lacked evidence to support a finding that he has the ability to pay attorney fees. The state concedes the error; we accept the concession. We also exercise our discretion to correct the error because, under the circumstances here, it is worth correcting given the seriousness of the error.
Portion of judgment requiring defendant to pay attorney fees reversed; otherwise affirmed.
PER CURIAM