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OLDS v. OREGON STATE PENITENTIARY, ETC.

No. 02-80-150; CA 17153.

617 P.2d 643 (1980)

48 Or.App. 481

Michael OLDS, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for petitioner. With him on the brief was Steve Dixon, Certified Law Student, Salem.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This is a prison disciplinary case in which the petitioner was charged with violation of OAR 291-105-015(7)(g), which provides

"except as may be authorized by other rules, no inmate shall possess, manufacture or use: "* * * "(g) Intoxicants, * * *"

The Disciplinary Committee found petitioner guilty of the charge. Petitioner received a sanction of 19 days in segregation. On this appeal, petitioner contends...

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