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STATE v. WEAVER

91CR1775; CA A72790.

847 P.2d 416 (1993)

118 Or. App. 494

STATE of Oregon, Respondent, v. David Stanley WEAVER, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1993.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Amy E. Alpaugh, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

PER CURIAM.

Defendant seeks modification of his sentence requiring reimbursement for court-appointed attorney fees in excess of the amount actually expended by the state. The trial court ordered defendant to pay $1,360 in attorney fees. However, the state concedes that the cost of his representation was only $310 and that it can recover only the amount actually expended. State v. Guzek, 89 Or.App. 567, 568,

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