DEWIND v. OREGON STATE PENITENTIARY, 93 Or. App. 210 (1988)

761 P.2d 551

GERALD DEWIND, Petitioner, v. OREGON STATE PENITENTIARY, Respondent.

08-87-190; CA A45844Oregon Court of Appeals.Argued and submitted August 30, 1988
Fine vacated; otherwise affirmed September 28, 1988

Judicial Review from Corrections Division.

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

Philip Schradle, 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 Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Fine vacated; otherwise affirmed.

Page 211

PER CURIAM

Petitioner seeks judicial review of the final order of the Superintendent finding him guilty of violating an institutional rule and fining him $100. It was error to impose a fine. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1190 (1988).

Fine vacated; otherwise affirmed.

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