Taylor v. Oregon State Penitentiary
Taylor v. Oregon State Penitentiary
Opinion of the Court
Where the administrative sanction is first and the criminal sentence second, it is not double jeopardy. State v. Kennedy, 253 Or 145, 453 P2d 658 (1969); State v. Bowling, 1 Or App 103, 459 P2d 454 (1969).
It is no different when, as at bar, the sentence and the sanction are reversed in order. The criminal offense is prosecuted because a specific criminal law is violated; the sanction is imposed because the petitioner’s act is a breach of prison discipline and sanctions therefor are necessary to preserve order in the institution.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.