FILED: November 13, 2002

IN THE COURT OF APPEALS OF THE STATE OF OREGON

ROBERT BROWN,

Appellant,

v.

STAN CZERNIAK,
Superintendent,
Oregon State Penitentiary,

Respondent.

01C-14877; A116052

Appeal from Circuit Court, Marion County.

Albin W. Norblad, Judge.

Submitted on record and briefs September 23, 2002.

Scott B. Howell submitted the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Armstrong* and Kistler, Judges.

PER CURIAM

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

*Armstrong, J., vice Warren, S. J.


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