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PENROD v. OREGON STATE PEN., COR. DIV.

No. 11-77-118; CA 9742.

581 P.2d 124 (1978)

Donald PENROD, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided July 18, 1978.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

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

RICHARDSON, Judge.

In this prison discipline case, petitioner pleaded guilty to violation of Major Rule No. 10, Disobedience of an Order. The Disciplinary Committee issued an order recommending sanctions which stated in part:

"* * * The Committee further recommends that Inmate Penrod's probable release date be reprogrammed by a reduction of 45 days' statutory good time * * * under Category D, in that Inmate Penrod has had eight disciplinary reports in the...

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