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State v. Whitley

Oregon Court of Appeals
Apr 26, 1983
61 Or. App. 219 (Or. Ct. App. 1983)

Opinion

No. 10-81-01522, CA A23320

Argued and submitted October 29, 1982

Affirmed and remanded for attorney fees December 29, 1982 Reconsideration denied February 17, 1983 Petition for review allowed April 26, 1983 ( 294 Or. 792) See 295 Or. 455, 666 P.2d 1340 (1983)

Appeal from Circuit Court, Lane County, George J. Woodrich, Judge.

Michael V. Phillips, Eugene, argued the cause and filed the brief for appellant.

Robert E. Barton, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, William F. Gary Solicitor General, Salem, and Frank Papagni, Jr., Assistant District Attorney, Eugene.

Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.


PER CURIAM

Affirmed as to the conviction. Remanded for a hearing to determine the amount of attorney fees defendant is to be ordered to pay.


Defendant appeals her conviction of arson in the first degree, assigning numerous errors. We have examined each of defendant's assignments and we find no error in any save and except the last. The state concedes that the trial court erred in not holding a hearing to determine the amount of court-ordered attorney fees. We agree. See State v. Stock, 56 Or. App. 857, 643 P.2d 877 (1982).

Affirmed as to the conviction. Remanded for a hearing to determine the amount of attorney fees defendant is to be ordered to pay.


Summaries of

State v. Whitley

Oregon Court of Appeals
Apr 26, 1983
61 Or. App. 219 (Or. Ct. App. 1983)
Case details for

State v. Whitley

Case Details

Full title:STATE OF OREGON, Respondent, v. NANCY ANN WHITLEY, Appellant

Court:Oregon Court of Appeals

Date published: Apr 26, 1983

Citations

61 Or. App. 219 (Or. Ct. App. 1983)
655 P.2d 228

Citing Cases

State v. Whitley

On review from the Court of Appeals. Appeal from Lane County Circuit Court, George Woodrich, J., 61 Or. App.…