Opinion
10-87-161; CA A46578
Submitted on record and briefs March 29, 1988
Reversed as to fine, otherwise affirmed April 13, 1988
Judicial Review from Corrections Division.
Gary D. Babcock, Public Defender, Salem, filed the brief for petitioner.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, Scott McAlister and Philip Schradle, Assistant Attorneys General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed as to fine; otherwise affirmed.
Petitioner seeks review of an order which found that he had violated an institutional rule. He was ordered to serve one month in segregation and to pay a $50 fine.
His only contention on review is that the superintendent had no authority to assess a fine. The state concedes error. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988).
Reversed as to fine; otherwise affirmed.