Opinion
No. 97296, CA 7653
Submitted on record June 14, 1977
Affirmed August 17, 1977
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
R. Michael Healey and Bell, Bell Rounsefell, Stayton, filed the brief for appellant.
James A. Redden, Attorney General, W. Michael Gillette, Solicitor General, and Melinda L. Bruce, Assistant Attorney General, Salem, filed the brief for respondent.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
PER CURIAM.
Affirmed.
In this habeas corpus proceeding, plaintiff, a prisoner in the Oregon State Penitentiary, appeals from the trial court's finding that he was not mentally ill and therefore was not being denied adequate medical care for his mental illness.
Contrary to plaintiff's contention, the testimony of the prison psychiatrist that the defendant was not mentally ill and did not need psychiatric care is sufficient to support a finding of fact not subject to being disturbed on review. Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968).
The issue raised by the state in Penrod v. Cupp, 30 Or. App. 371, 567 P.2d 563 (1977), is not raised here.
Affirmed.