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BAILEY v. JOHNSON

(97-06-28865M; CA A102526)

997 P.2d 871 (2000)

165 Or. App. 450

Michael Jon BAILEY, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 9, 2000.

Attorney(s) appearing for the Case

Bob Pangburn filed the brief for appellant.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

WOLLHEIM, J.

In this post-conviction relief case, we address only petitioner's claim1 that the post-conviction trial court erred by requiring him to pay $975 for the cost of his own court-appointed attorney in the underlying post-conviction proceeding. Recently, we held that no statute authorized the trial court to assess such attorney fees where the petition for post-conviction relief was filed before January 1, 1998. Alexander v....

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