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CUNNINGHAM v. MAASS

91C-11584; CA A71955.

895 P.2d 356 (1995)

134 Or. App. 411

David W. CUNNINGHAM, Respondent, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

PER CURIAM.

Reversed and remanded with instructions to reinstate original sentence. Mora v. Maass, 120 Or.App. 173, 851 P.2d 1154 (1993), aff'd by an equally divided court, 319 Or. 570, 877 P.2d 641<...

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