Court of Appeals of Oregon February 25, 2004, CV01-0364; A116957 (McLemore v. Schiedler)

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).