Plaintiff appeals the trial court’s judgment requiring him to pay $992.50 for the cost of his court-appointed attorney in the underlying habeas corpus proceeding. The trial court imposed that judgment for costs pursuant to ORS 161.665.1 With two exceptions, this case is indistinguishable from Alexander v. Johnson, 164 Or App 235, 990 P2d 929 (1999). First, this case arises from a habeas corpus proceeding rather than a post-conviction proceeding; however, that difference does not alter our analysis of the applicable statutes. Second, in our judgment affirming the trial court’s dismissal of plaintiffs habeas corpus proceeding, we instructed the trial court that it could exercise its discretion under ORS 161.665 to include expenses and compensation for plaintiffs court-appointed counsel in the final judgment. We erred in so instructing the trial court. We conclude that neither ORS 161.665 nor any other statute authorized the judgment of costs in this action and that the court’s imposition of those costs was error apparent on the face of the record. See Alexander. Accordingly, we vacate the judgment for costs of $992.50.
Judgment imposing expenses and compensation for court-appointed attorney in amount of $992.50 vacated; otherwise affirmed.