Hernandez-Reyes v. Lampert

In this post-conviction relief proceeding, petitioner appeals from a judgment pursuant to ORS 151.505, requiring him to pay $2,015.21 as the cost of his court-appointed appellate counsel, plus $123 for the cost of transcript preparation. We conclude that, from the record before us, the trial court could not have considered petitioner’s ability to pay the cost of his court-appointed appellate representation, as required under ORS 151.505(4). Accordingly, we vacate the judgment and remand for further proceedings.

The material facts are undisputed. This case is before us for the second time. In…