Oviedo v. Johnson

Petitioner appeals, assigning error to the entry of a money judgment that required petitioner to pay $1,606.79 for transcript costs and the cost of his court-appointed appellate counsel in his previous appeal. Oviedo v. Johnson, 170 Or App 682, 13 P3d 556 (2000), rev den 331 Or 583 (2001) (Oviedo I). The state concedes that the judgment is erroneous. For the reasons that follow, we determine that that concession is well-founded, and, consequently, reverse the money judgment.

Petitioner filed his original petition for post-conviction relief on June 24,1997. On March 9,1999, the trial court…