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TONEY v. ARMENAKIS

94C-13579; CA A88030.

912 P.2d 911 (1996)

139 Or. App. 464

Donald Lee TONEY, JR., Appellant, v. Nicholas ARMENAKIS, Acting Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 6, 1996.

Attorney(s) appearing for the Case

David B. Kuhns, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, and Eleanor E. Wallace, Assistant Attorney General, filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Petitioner appeals from an award of attorney fees under ORCP 17. We affirm.

On November 11, 1994, petitioner filed a pro se petition for post-conviction relief alleging that he was being unlawfully imprisoned. His petition listed a 1977 conviction for contempt that was used to enhance the sentence he is currently serving for another crime. The trial court signed an order appointing counsel the same day. The trial court subsequently

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