FILED: November 13, 2002

MICHAEL D. SUTTON,

Appellant,

v.

ROBERT LAMPERT,
Superintendent,
Snake River Correctional Institution,

Respondent.

Appeal from Circuit Court, Malheur County.

Joseph F. Ceniceros, Senior Judge.

Argued and submitted September 5, 2002.

Bob Pangburn argued the cause for appellant. With him on the brief was Rebecca Neal-Richardson.

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 Armstrong* and Kistler, Judges.

PER CURIAM

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

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