ATWOOD v. OSP, 96 Or. App. 747 (1989)

773 P.2d 1366

JAMES ATWOOD, Petitioner, v. OREGON STATE PENITENTIARY, Respondent.

11-87-210; CA A47018Oregon Court of Appeals.Argued and submitted April 26, 1989
Fine vacated; otherwise affirmed May 24, 1989

Judicial Review from Corrections Division.

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

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Fine vacated; otherwise affirmed.

Page 748

PER CURIAM

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary that found that he had violated a disciplinary rule and imposed, inter alia, a $25 fine. He contends that there is not sufficient evidence to support the finding of guilty. There is. However, the fine is unlawful. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988).

Fine vacated; otherwise affirmed.

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