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GARY DAVIS, Petitioner, v. OREGON STATE PENITENTIARY, Respondent.

PER CURIAM

Fine vacated; otherwise affirmed.

PER CURIAM

Petitioner seeks judicial review of a final order of the Superintendent of the Oregon State Penitentiary which placed petitioner in segregation for one year for violating OAR-291-105-015 (A) by engaging in disruptive behavior. The superintendent also imposed a $100 fine. Petitioner contends, and the state concedes, that it was error to impose a fine. See Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988). Accordingly, we reverse as to the fine imposed. Petitioner's other assignments of error are without merit.

Fine vacated; otherwise affirmed.

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DAVIS v. OSP
(Dec 7, 1988)