FILED: February 9, 2000

WILLIAM H. CLARK,

Appellant,

v.

DAN JOHNSON,
Superintendent,
Snake River Correctional Institution,

Respondent.

Appeal from Circuit Court, Malheur County.

F.J. Yraguen, Judge.

Argued and submitted January 20, 2000.

Bob Pangburn argued the cause and filed the brief for appellant.

Susan L. Kanclier, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Haselton, Presiding Judge, and Edmonds and Wollheim, Judges.

PER CURIAM

Judgment for attorney fees of $475 vacated; otherwise affirmed.

PER CURIAM

The state acknowledges, and we agree, that the trial court's award of fees was erroneous under Petersen v. Cook, 164 Or App 240, ___ P2d ___ (1999), and Alexander v. Johnson, 164 Or App 235, ___ P2d ___ (1999). We reject plaintiff's remaining arguments.

Judgment for attorney fees of $475 vacated; otherwise affirmed.