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COULTER v. OREGON STATE PENITENTIARY

10-87-161; CA A46578.

752 P.2d 352 (1988)

90 Or.App. 428

Homer COULTER, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, filed the brief for petitioner.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Scott McAlister and Philip Schradle, Asst. Attys. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Petitioner seeks review of an order which found that he had violated an institutional rule. He was ordered to serve one month in segregation and to pay a $50 fine.

His only contention on review is that the superintendent had no authority to assess a fine. The state concedes error. Watson v. OSP, 90 Or.App. 85, 750 P.2d 1188...

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