FILED: November 14, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

MICHAEL T. HERBST,

Appellant,

v.

ROBERT O. LAMPERT,
Superintendent,
Snake River Correctional Institution,

Respondent.

00-02-083M; A111011

Appeal from Circuit Court, Malheur County.

J. Burdette Pratt, Judge.

Argued and submitted August 13, 2001.

Bob Pangburn, Caldwell, Idaho, filed the brief for appellant.

Timothy A. Sylwester, 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 Haselton, Presiding Judge, and Deits, Chief Judge,* and Wollheim, Judge.

PER CURIAM

Affirmed. State v. Grimes, 163 Or App 340, 986 P2d 1290 (1999), rev den ___ Or ___ (November 8, 2001).

*Deits, C. J., vice Warren, S. J.


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