Powell v. Oregon State Penitentiary

Full title: GARY L. POWELL, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court: Oregon Court of Appeals

Date published: Dec 23, 1974

528 P.2d 1362 (Or. Ct. App. 1974)

528 P.2d 1362

Opinion

08-74-024 3738

Argued December 16, 1974

Reversed and remanded December 23, 1974

Judicial Review of disciplinary order of the Superintendent of Oregon State Penitentiary.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.

PER CURIAM.

REVERSED AND REMANDED.

The sole issue is the sufficiency of the order. Suffice it to say that the author of the order apparently had difficulty distinguishing among findings of fact, conclusions of law and recommendations. See, Fowler v. OSCI, 18 Or. App. 280, 525 P.2d 191 (1974).

Reversed and remanded.