FILED: February 6, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE ex rel
ANTONIO SANCHEZ PALACIOS,

Appellant,

v.

DIANE M. REA,
Chairperson,
Board of Parole and Post-Prison Supervision,

Respondent.

00C-10960; A109434

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Submitted on record and briefs January 4, 2002.

Antonio S. Palacios filed the brief pro se.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kaye E. McDonald, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Judgment for filing fees of $167 reversed; otherwise affirmed.

PER CURIAM

Plaintiff appeals from the trial court's dismissal of his petition for writ of mandamus. As part of its judgment, the court required plaintiff to pay filing fees of $167, which the trial court had initially deferred pursuant to ORS 21.605(1)(a). Plaintiff challenges both the dismissal and the imposition of filing fees. We reject without discussion plaintiff's arguments as to the merits of the dismissal. However, as defendant concedes, the judgment for filing fees was erroneous. See State ex rel Baker v. Cook, 171 Or App 719, 16 P3d 1184 (2000).

Judgment for filing fees of $167 reversed; otherwise affirmed.


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