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MARTIN v. OREGON STATE PENITENTIARY, CORR. DIV.

547 P.2d 641 (1976)

Roger MARTIN, Petitioner, v. OREGON STATE PENITENTIARY, CORRECTIONS DIVISION, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, J.

FORT, Judge.

Petitioner and another prisoner were joint occupants of a cell in the Segregation and Isolation unit, each as a result of prior matters not here relevant. A guard, while shaking down the cell, a routine security practice, discovered a stainless steel spoon and also a piece of plastic mirror. Petitioner was charged with violation of Major Rule 8 — possession of dangerous contraband, to-wit, weapons.

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