FILED: January 19, 2000

IN THE COURT OF APPEALS OF THE STATE OF OREGON

DANNY RAILSBACK,

Appellant,

v.

ROBERT LAMPERT, Superintendent,
Snake River Correctional Institution,

Respondent.

(990430413M; CA A106149)

Appeal from Circuit Court, Malheur County.

Burdette Pratt, Judge.

Submitted on record and briefs December 3, 1999.

Danny Railsback, pro se, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM

Reversed and remanded for further proceedings. ORS 138.590.


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