Coulter v. Oregon State Penitentiary

Full title: HOMER COULTER, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court: Oregon Court of Appeals

Date published: May 24, 1989

773 P.2d 1364 (Or. Ct. App. 1989)

773 P.2d 1364

Opinion

A-2-88-060; CA A48008

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.

PER CURIAM

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary that found him guilty of violating a disciplinary rule against the use of narcotics and imposed, inter alia, a $100 fine. He contends that there is not sufficient evidence to support the finding of guilty. There is. However, respondent concedes, and we agree, that the fine is unlawful. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988).

Fine vacated; otherwise affirmed.