Mortimer v. Oregon State Penitentiary

Full title: PAUL MORTIMER, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court: Oregon Court of Appeals

Date published: May 24, 1989

773 P.2d 830 (Or. Ct. App. 1989)

773 P.2d 830

Opinion

11-87-166; CA A47029

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 that he had violated a disciplinary rule and imposed, inter alia, a $100 fine. He first argues that there is not sufficient evidence to support the finding that he is guilty. The record contains substantial evidence to support the finding. However, respondent concedes, and we agree, that the fine is invalid. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988).

Fine vacated; otherwise affirmed.