ALEXANDER v. JOHNSON

(97-12-29-396 M; CA A104506)

990 P.2d 929 (1999)

164 Or. App. 235

Randell ALEXANDER, Appellant, v. Dan JOHNSON, Superintendent, Snake River, Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 24, 1999.


Attorney(s) appearing for the Case

Randell Alexander filed the brief pro se.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.


WOLLHEIM, J.

Petitioner appeals the trial court's judgment requiring him to pay $975 for the cost of his own court-appointed attorney in the underlying post-conviction proceeding. We conclude that no statute authorized the judgment of costs in this action and that the court's imposition of those costs was error apparent on the face of the record. Accordingly, although we affirm the trial court's disposition of the merits, we vacate the judgment for costs of $975....

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