Opinion
98-11-30115M; A105224
Submitted on remand July 13, 2000; resubmitted March 4, 2002.
Filed: April 10, 2002
On remand from the Oregon Supreme Court, Mendacino v. Lampert, 330 Or. 560, 6 P.3d 1101 (2000).
Appeal from Circuit Court, Malheur County. J. Burdette Pratt, Judge.
Bob Pangburn and Rebecca Neal-Richardson for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, for respondent.
Before EDMONDS, Presiding Judge, and LANDAU and HASELTON, Judges.
PER CURIAM
Award of costs for court-appointed counsel reversed and remanded; otherwise affirmed.
Plaintiff appeals from the trial court's dismissal of his petition for a writ of habeas corpus. He challenges a 1997 order of the Board of Parole and Post-Prison Supervision deferring his projected parole release date. We conclude that the trial court correctly rejected plaintiff's arguments on the merits of that issue. See generally Hamel v. Johnson , 173 Or. App. 448, 25 P.3d 314 (2001); Weidner v. Armenakis , 154 Or. App. 12, 959 P.2d 623 (1998), withdrawn by order July 13, 1998, reasoning reaffirmed and readopted in Merrill v. Johnson , 155 Or. App. 295, 964 P.2d 284, rev den 328 Or. 40 (1998).
Plaintiff also asserts that the trial court erred in imposing $475 in costs for his court-appointed counsel. We reverse the award of costs for court-appointed counsel and remand for reconsideration in light of Bacote v. Johnson , 333 Or. 28, 35 P.3d 1019 (2001).
Award of costs for court-appointed counsel reversed and remanded; otherwise affirmed.