FILED: May 19, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RODGER ROBERT ANSTETT,

Appellant,

v.

S. FRANK THOMPSON, Superintendent,

Oregon State Penitentiary,

Respondent.

(97C-12303; CA A102496)

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Argued and submitted March 15, 1999.

Steven H. Gorham argued the cause and filed the brief for appellant.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Landau, Presiding Judge, and De Muniz and Brewer, Judges.

PER CURIAM

Reversed and remanded. Peek v. Thompson, 160 Or App 260, ___ P2d ___ (1999).


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