FILED: December 11, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

GARY KENNETH HERZOG,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

00C-12710; A113115

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.

PER CURIAM

Affirmed. Teague v. Palmateer, 184 Or App 577, ___ P3d ___ (2002).

*Deits, C. J., vice Brewer, J.


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