HERNANDEZ-REYES v. LAMPERT

98-10-30068M; A114174

35 P.3d 1066 (2001)

178 Or. App. 76

Alfonso HERNANDEZ-REYES, Appellant, v. Robert O. LAMPERT, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 14, 2001.


Attorney(s) appearing for the Case

Alfonso-Hernandez Reyes filed the brief pro se for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kathleen Cegla, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

In this post-conviction relief proceeding, petitioner appeals from a judgment pursuant to ORS 151.505, requiring him to pay $2,015.21 as the cost of his court-appointed appellate counsel, plus $123 for the cost of transcript preparation. We conclude that, from the record before us, the trial court could not have considered petitioner's ability to pay the cost of his court-appointed appellate representation, as required under ORS 151.505(4). Accordingly...

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