FILED: December 11, 2002
GARY KENNETH HERZOG,
Oregon State Penitentiary,
Appeal from Circuit Court, Marion County.
Gregory West, Judge.
Submitted on record and briefs November 19, 2002.
Harrison Latto filed the brief for appellant.
Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Timothy A Sylwester, Assistant Attorney General, filed the brief for respondent.
Before Edmonds, Presiding Judge, and Deits, Chief Judge,* and Kistler, Judge.
Affirmed. Teague v. Palmateer, 184 Or App 577, ___ P3d ___ (2002).
*Deits, C. J., vice Brewer, J.