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WHITEFOOT v. OREGON STATE PENITENTIARY

04-87-416; CA A44400.

751 P.2d 1124 (1988)

90 Or.App. 224

Gerald WHITEFOOT, 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 submitted 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 three months in segregation and pay a $50 fine for a violation of OAR 291-105-015(7)(g), possession of intoxicants.

Petitioner contends that the evidence was insufficient to support a finding that he was in possession of a half gallon of "pruno" in his cell's sink. The sink was an area shared with a cellmate. Inmates in a...

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