PER CURIAM.
Petitioner appeals from a judgment denying his petition for post-conviction relief and awarding the State of Oregon a judgment for costs and for the attorney fees that it paid to petitioner's counsel. We affirm on the merits of his post-conviction claim without discussion. Petitioner also argues that the trial court failed to make any determination concerning his ability to pay the attorney fees and costs, as Bacote v. Johnson,
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