FILED: November 6, 2002
Oregon State Penitentiary,
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
Argued and submitted August 1, 2002.
Steven H. Gorham argued the cause and filed the brief for appellant.
Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General.
Before Landau, Presiding Judge, and Deits, Chief Judge,* and Brewer, Judge.
Affirmed. Teague v. Palmateer, 184 Or App 577, ___ P3d ___ (2002).
*Deits, C. J., vice Warren, S. J.