Summerhalder v. Oregon State Penitentiary

Full title: MICHAEL SUMMERHALDER, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court: Oregon Court of Appeals

Date published: May 11, 1988

753 P.2d 958 (Or. Ct. App. 1988)

753 P.2d 958

Opinion

07-87-309; CA A45469

Argued and submitted April 28, 1988

Fine vacated; order otherwise affirmed May 11, 1988

Judicial Review from Corrections Division.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

Jan Londahl, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Fine vacated; order otherwise affirmed.

PER CURIAM

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary which found him guilty of a disciplinary rule and imposed a $100 fine. He argues that there is not sufficient evidence to support the finding of guilty. There is. He also contends that the fine is unlawful. It is. Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988).

Fine vacated; order otherwise affirmed.