FILED: November 4, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ARLEN PORTER SMITH,

Plaintiff-Appellant,

v.

STATE OF OREGON,
acting by and through the
Department of Corrections and the Oregon State Police,

Defendant-Respondent.

Marion County Circuit Court
02C12218
A141457

Jon Ghastin, Judge pro tempore.

Submitted on October 02, 2009.

Arlen Porter Smith filed the briefs pro se.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Samuel A. Kubernick, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed.

PER CURIAM

Plaintiff appeals a supplemental judgment for filing fees that previously had been deferred. On appeal, plaintiff contends that the court erred in entering the supplemental judgment without making a determination that he had the ability to pay the fees. The state concedes that the trial court erred in that regard. We agree and accept that concession. See State ex rel Baker v. Cook, 171 Or App 719, 16 P3d 1184 (2000) (citing former ORS 21.605(1)(a) (1999), repealed by Or Laws 2007, ch 493, 18, 18a; holding that the trial court erred in imposing an obligation to pay previously deferred filing fees).

Reversed.


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