Green v. Oregon State Penitentiary
This text of 770 P.2d 612 (Green v. Oregon State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
770 P.2d 612, 95 Or. App. 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-oregon-state-penitentiary-orctapp-1989.