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McLEMORE v. SCHIEDLER

CV01-0364; A116957.

85 P.3d 344 (2004)

192 Or. App. 358

Amos Lee McLEMORE, Appellant, v. Robert SCHIEDLER, Superintendent, Two Rivers Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 25, 2004.

Attorney(s) appearing for the Case

James N. Varner, Newberg, filed the brief for petitioner.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER, Judge, and CROWLEY, Judge pro tempore.

CROWLEY, J. pro tempore.

Petitioner filed a petition for post-conviction relief in the Umatilla County Circuit Court. The post-conviction court denied the petition and, pursuant to ORS 20.190(1), awarded the state an $85 prevailing party fee. Petitioner appeals from the award of that fee, contending that the post-conviction court erred in failing to apply ORS 151.505(4). For the reasons set forth below, we affirm.

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