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MORRICAL v. ZENON

92C-12343; CA A86694.

914 P.2d 1143 (1996)

140 Or. App. 444

Leo F. MORRICAL, Jr., Appellant, v. Carlton ZENON, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 17, 1996.

Review Denied June 18, 1996.

Attorney(s) appearing for the Case

Arnold W. Poole, Salem, waived oral argument and filed the brief for appellant.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Katherine H. Waldo, Assistant Attorney General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

PER CURIAM.

Petitioner filed 55 claims for post-conviction relief. The post-conviction court dismissed the claims, finding that the petition was frivolous and filed in bad faith. The court awarded attorney fees to defendant under ORCP 17C (1993)1 and ORS 20.105(1). Petitioner assigns error only to the award of fees, arguing that the court failed to make the analysis of bad faith under ORS 20.105 required by Mattiza v. Foster,

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