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STATE v. HESTON

82-0486, 82-0491; CA A32135, A32136.

704 P.2d 541 (1985)

74 Or.App. 631

STATE of Oregon, Respondent, v. Michael G. HESTON, Appellant.

Court of Appeals of Oregon.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Bruce A. Bass, Hillsboro, argued the cause for appellant. With him on the brief was Michael M. Watkins, Hillsboro.

Linda J. DeVries, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The issue in this case is whether certain expenses incurred by the state Department of Veterans' Affairs (DVA) are costs that the court may order defendant to pay under ORS 161.665(1):

"The court may require a convicted defendant to pay as costs those expenses specially incurred by the state in prosecuting the defendant. Costs include the compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and expenses...

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