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PRICE v. JOHNSON

(97-05-28839M; CA A108170)

10 P.3d 294 (2000)

169 Or. App. 579

Jack Allen PRICE, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

Steven M. Stoddard argued the cause and filed the brief for appellant.

David F. Coursen, 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.

PER CURIAM.

Petitioner appeals from a judgment against him for costs and the amount of his court appointed attorney fees in a previous post-conviction proceeding. Defendant concedes that, because petitioner's original petition was filed before January 1, 1998, the court had no authority to order repayment of court appointed attorney fees. See Alexander v. Johnson, 164 Or.App. 235, 237, 990 P.2d 929

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