
    Argued and submitted December 15, 1986, resubmitted In Banc March 12,
    affirmed June 10,
    reconsideration denied September 24, petition for review denied November IV, 1987
    RANDY WIGGETT, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.
    
    (03-86-176; CA A39957)
    738 P2d 586
    Steven H. Gorham, Salem, argued the cause and filed the brief for petitioner.
    David L. Kramer, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.
    PER CURIAM
    Warden, J., dissenting.
   WARDEN, J.,

dissenting.

I dissent for the same reasons stated in my dissent in Wiggett (Eli) v. OSP, 85 Or App 635, 738 P2d 580 (1987).

Joseph, Chief Judge, and Van Hoomissen, and Newman, Judges, join in this dissent.  