FILED: December 22, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

KYLE ADCOX,

Appellant,

v.

DAN JOHNSON, Superintendent,
Snake River Correctional Institution,

Respondent.

(961228400M; CA A103522)

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Argued and submitted November 23, 1999.

Bob Pangburn filed the brief for appellant.

Rolf C. Moan, 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 Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.

PER CURIAM

Reversed. Alexander v. Johnson, 164 Or App 235, ___ P2d ___ (1999).


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