Opinion
No. 10-81-01518, CA A23616
Argued and submitted October 29, 1982
Affirmed, remanded for attorney fees December 29, 1982 Pursuant to ORAP 12.15 appeal was dismissed and decision vacated due to death of defendant February 25, 1983 Reconsideration denied April 14, 1983 Petition for review allowed June 7, 1983 ( 295 Or. 161) See 297 Or. 399, 683 P.2d 1004 (1984)
Appeal from Circuit Court, Lane County, George G. Woodrich, Judge.
Ralph A. Bradley, Eugene, argued the cause for appellant. With him on the brief was Bradley Gordon, Eugene.
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.
Defendant appeals his 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.