FILED: November 13, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

DAVID OLON HARRINGTON,

Appellant,

v.

JOAN PALMATEER,
Superintendent,
Oregon State Penitentiary,

Respondent.

00C-12665; A113565

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

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

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


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