Opinion
97-05-28770M; CA A99905.
Submitted on record and briefs June 16, 1998. Resubmitted in banc July 8, 1998.
Affirmed July 22, 1998. Petition for review denied November 24, 1998 ( 328 Or. 40).
Appeal from Circuit Court, Malheur County, W.D. Cramer, Jr., Judge.
Bob Pangburn filed the brief for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and John T. Bagg, Assistant Attorney General, filed the brief for respondent.
In Banc
PER CURIAM
Affirmed.
Warren, J., dissenting.
Plaintiff, an inmate at the Snake River Correctional Institution, appeals the denial of his petition for a writ of habeas corpus. The issue that plaintiff raises is the same as the issue decided by this court in Weidner v. Armenakis, 154 Or. App. 12, 959 P.2d 623 (1998), withdrawn by order July 13, 1998. On remand from the Supreme Court, we have withdrawn the opinion in Weidner because the case became moot while the appeal was pending. We now readopt and reaffirm our reasoning in Weidner and therefore affirm the trial court's denial of petitioner's petition for a writ of habeas corpus.
Affirmed.
I readopt the reasoning of my dissent in Weidner v. Armenakis, 154 Or. App. 12, 959 P.2d 623 withdrawn by order July 13, 1998.
Edmonds, Armstrong and Wollheim, JJ., join in this dissent.