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PER CURIAM Petitioner, an inmate at the Oregon State Penitentiary, seeks review of a final order of the Superintendent finding him guilty of violating Disciplinary Rule 13: conspiracy to possess or use narcotics. He was ordered to serve three months in segregation and to pay a $100 fine. He contends that there was not sufficient admissible evidence to support the finding of guilty and that the superintendent does not have authority to impose a fine.
We conclude that there is sufficient evidence to support the finding of guilty. We agree with the state’s concession that there is no authority to impose a fine for violation of Corrections Division disciplinary rules. Watson v. OSP, 90 Or App 85, 750 P2d 1188 (1988).
Reversed as to fine; otherwise affirmed.
Document Info
Docket Number: 07-87-384; CA A45850
Citation Numbers: 95 Or. App. 740, 770 P.2d 613
Judges: Deits, Newman, Richardson
Filed Date: 3/22/1989
Precedential Status: Precedential
Modified Date: 7/24/2022