Opinion
A-2-88-139; CA A48013
Argued and submitted April 10, 1989
Fine vacated; otherwise affirmed May 24, 1989 reconsideration denied August 18, petition for review denied September 19, 1989 ( 308 Or. 382)
Judicial Review from Corrections Division.
Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.
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 two disciplinary rules and imposed, inter alia, a $100 fine. He first contends that there is not sufficient evidence to support the finding of guilty. There is. However, respondent concedes, and we agree, that the fine is invalid. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988). His remaining contentions do not warrant discussion.
Fine vacated; otherwise affirmed.