FILED: April 10, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ROSS L. BAKER,

Appellant,

v.

DAN JOHNSON,
Superintendent,
Snake River Correctional Institution,

Respondent.

98-05-29736M; A104219

On remand from the Oregon Supreme Court, Baker v. Johnson, 330 Or 560, 6 P3d 1101 (2000).

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Submitted on remand July 13, 2000; resubmitted March 4, 2002.

Bob Pangburn for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kelly Knivila, 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.

PER CURIAM

Plaintiff appeals from the trial court's dismissal of his petition for a writ of habeas corpus. He challenges an 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. Hamel v. Johnson, 173 Or App 448, 25 P3d 314 (2001).

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 P3d 1019 (2001).

Award of costs for court-appointed counsel reversed and remanded; otherwise affirmed.


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