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SITTER v. OREGON STATE CORRECTIONAL INST.

558 P.2d 1254 (1977)

28 Or.App. 89

David L. SITTER, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Robert C. Cannon, 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 THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

In this disciplinary proceeding petitioner appeals from an order finding that he violated the Corrections Division's Major Rule 7, possession, manufacture or use of dangerous contraband (marihuana), and Major Rule 10, disobedience of an order, in that, contrary to a standing order of the institution that only one inmate at a time was to be present in the gear room, petitioner was there with another inmate.

Petitioner points out that

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