Opinion
03-86-176; CA A39957
Argued and submitted December 15, 1986, resubmitted In Banc March 12, 1987.
Affirmed June 10, reconsideration denied September 24, petition for review denied November 17, 1987.
Judicial Review from Corrections Division.
Steven H. Gorham, Salem, argued the cause and filed the brief for petitioner.
David L. Kramer, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.
Young, J., did not participate in this decision.
PER CURIAM
Affirmed. Wiggett (Eli) v. OSP, 85 Or. App. 635, 738 P.2d 580 (1987).
Warden, J., dissenting.
I dissent for the same reasons stated in my dissent in Wiggett (Eli) v. OSP, 85 Or. App. 635, 738 P.2d 580 (1987).
Joseph, Chief Judge, and Van Hoomissen, and Newman, Judges, join in this dissent.