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WILKINS v. FRINK

9609-07154; CA A98198.

971 P.2d 494 (1999)

158 Or. App. 76

Earl Douglas WILKINS, Appellant—Cross-Respondent, v. Norman W. FRINK, Jr., Eric J. Bergstrom, and Michael D. Schrunk, Defendants, and State of Oregon, Respondent—Cross-Appellant.

Court of Appeals of Oregon.

Decided January 13, 1999.

Attorney(s) appearing for the Case

Earl D. Wilkins filed the briefs pro se for appellant—cross-respondent.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the briefs for respondent—cross-appellant.

Before LANDAU, P.J., and DEITS, C.J. and WOLLHEIM, J.

LANDAU, P.J.

Plaintiff was a defendant in a criminal case. In that criminal case, he was convicted of aggravated murder and required, among other things, to pay a $100,000 fine. Plaintiff then initiated this civil proceeding, challenging the statutory authority of the criminal trial court to impose the fine and the authority of the state to garnish his inmate trust account to pay it. The trial court held that the criminal trial court had authority to impose the fine...

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