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ROBERTSON v. OR. STATE PEN., CORRECTIONS DIV.

No. 01-78-196; CA 10292.

582 P.2d 32 (1978)

35 Or.App. 591

Dennis L. ROBERTSON, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided August 2, 1978.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Petitioner seeks review of an order of the disciplinary committee, which found him guilty of violating Major Rule 13, OAR 291-40-050(13).1 A charge of disruptive behavior (OAR 291-40-050(1)) was dismissed. He asserts that there was insufficient evidence to sustain the guilty conclusion.

The essence of conspiracy under the rule is an agreement. The committee's "FINDING OF FACT" is set out in the footnote.

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