FILED: November 4, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ERIC SHELBY,

Appellant,

v.

S. FRANK THOMPSON, Superintendent,
Oregon State Penitentiary,

Respondent.

(96C-13586; CA A100036)

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Argued and submitted October 7, 1998.

Harrison Latto argued the cause and filed the brief for appellant.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De Muniz, Presiding Judge, and Haselton and Armstrong, Judges.

PER CURIAM

Appeal dismissed as moot. Jones v. Thompson, 156 Or App 226, ___ P2d ___ (1998).


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