The state acknowledges, and we agree, that the trial court’s award of fees was erroneous under Petersen v. Cook, 164 Or App 240, 990 P2d 931 (1999), and Alexander v. Johnson, 164 Or App 235, 990 P2d 929 (1999). We reject plaintiffs remaining arguments.

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