10 P.3d 294
Nos. 97-05-28839M; CA A108170Oregon Court of Appeals.Argued and submitted June 22, 2000.
Filed: August 30, 2000
Appeal from Circuit Court, Malheur County, Frank J. Yraguen, Judge.
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
Reversed and remanded for entry of corrected judgment.
Page 580
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 (1999). Accordingly, we reverse the judgment and remand for the entry of a corrected judgment for costs only.
Reversed and remanded for entry of corrected judgment.
Page 581