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JOHNSON v. OSP

07-87-334; CA A45464.

751 P.2d 1127 (1988)

90 Or.App. 230

Howard JOHNSON, 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.

David Kramer, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

In this petition for judicial review of a final order of the Superintendent of the Oregon State Penitentiary (respondent), respondent concedes that the record does not support the findings regarding restitution. Accordingly, that portion of the superintendent's order is vacated. The remainder of the order is affirmed.

Restitution provision vacated; order otherwise...

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