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MOORE v. OSP

04-87-127; CA A44211.

751 P.2d 1123 (1988)

90 Or.App. 222

Danny Lee MOORE, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1988.

Attorney(s) appearing for the Case

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

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and David L. Kramer, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary which required him to serve one month in segregation and pay a $100 fine for a violation of OAR 291-105-015(3), presence in an unauthorized area.

Petitioner contends that the evidence does not support a finding that he was present in an unauthorized area. We disagree. The written report of the witness stating that petitioner was present in the area and...

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