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SUMMERHALDER v. OREGON STATE PENITENTIARY

07-87-309; CA A45469.

753 P.2d 958 (1988)

91 Or.App. 170

Michael SUMMERHALDER, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided May 11, 1988.

Attorney(s) appearing for the Case

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

Jan Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

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

PER CURIAM.

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary which found him guilty of a disciplinary rule and imposed a $100 fine. He argues that there is not sufficient evidence to support the finding of guilty. There is. He also contends that the fine is unlawful. It is. Watson v. OSP, 90 Or.App. 85, 750 P.2d 1188 (1988).

Fine vacated...

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