Opinion · Orlaw Oregon

STATE v. WHITLEY, 61 Or. App. 219 (1983)

655 P.2d 228

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1983-04-26
Topic
general

STATE v. WHITLEY, 61 Or. App. 219 (1983) 655 P.2d 228 STATE OF OREGON, Respondent, v. NANCY ANN WHITLEY, Appellant. No. 10-81-01522, CA A23320Oregon Court of Appeals.Argued and submitted October 29, 1982 Affirmed and remanded for attorney fees December 29, 1982Reconsideration denied February 17, 1983Petition 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.

Citator

UpLaw has not yet analyzed STATE v. WHITLEY, 61 Or. App. 219 (1983). The absence of a flag is not a finding that it is good law.

STATE v. WHITLEY,61 Or. App. 219(1983)
655 P.2d 228
STATE OF OREGON,Respondent,v. NANCY ANN WHITLEY,Appellant.
No. 10-81-01522, CA A23320
Oregon Court of Appeals.
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)
See295 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.Page 220
PER CURIAM
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.Page 221