Toney v. Armenakis

Petitioner appeals from an award of attorney fees under ORCP 17. We affirm.

On November 11, 1994, petitioner filed a pro se petition for postconviction relief alleging that he was being unlawfully imprisoned. His petition listed a 1977 conviction for contempt that was used to enhance the sentence he is currently serving for another crime. The trial court signed an order appointing counsel the same day. The trial court subsequently granted the state’s motion to dismiss for lack of subject matter jurisdiction. On its own motion, the trial court awarded sanctions in the form of attorney fees…