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ALLEN v. OR. ST. PENITENTIARY, CORRECTIONS DIV

No. 03-78-103; CA 10706.

581 P.2d 964 (1978)

Roger ALLEN, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Stephanie A. Smythe, Deputy Public Defender, Salem, filed the brief for petitioner.

James A. Redden, Atty. Gen. and J. Scott McAlister, Asst. Atty. Gen., Salem, appeared for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

Submitted on Record and Petitioner's Brief July 10, 1978.

PER CURIAM.

In this disciplinary proceeding petitioner was found to have been guilty of disruptive behavior and disobedience of an order and sanction was imposed. On appeal the respondent concedes that there was insufficient evidence to support a finding that petitioner was guilty of disruptive behavior.

Reversed in part, and remanded for reconsideration of the sanction...

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