FILED: November 13, 2002

DAVID OLON HARRINGTON,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Argued and submitted June 6, 2002.

Lester E. Seto argued the cause and 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 Edmonds, Presiding Judge, and Deits, Chief Judge,* and Armstrong, Judge.

PER CURIAM