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STATE v. FRASIEUR

96 C 21474; CA A97159.

972 P.2d 908 (1998)

157 Or. App. 681

STATE of Oregon, Respondent, v. Dale Berg FRASIEUR, Appellant.

Court of Appeals of Oregon.

Decided December 16, 1998.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Holly Ann Vance, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before WARREN, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.

PER CURIAM.

Defendant appeals his conviction for escape in the second degree, asserting that disciplinary sanctions that he received on his return to prison constituted criminal punishment, with the result that this prosecution violated the double jeopardy clauses of the state and federal constitutions. He recognizes that we rejected similar arguments in State v. Rezin, 139 Or.App. 156, 911 P.2d 1264

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