Opinion
12-87-190; CA A47360
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.
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 $50 fine. His contentions that there is not sufficient evidence to support the finding of guilty and that he was denied his right to representation and his right to present evidence at the hearing are wrong. However, respondent concedes, and we agree, that the fine is unlawful. State v. Watson, 90 Or. App. 85, 750 P.2d 1188 (1988).
Fine vacated; otherwise affirmed.