State v. Frasieur

Defendant appeals his conviction for escape in the second degree, asserting that disciplinary sanctions that he received on his return to prison constituted criminal punishment, with the result that this prosecution violated the double jeopardy clauses of the state and federal constitutions. He recognizes that we rejected similar arguments in State v. Rezin, 139 Or App 156, 911 P2d 1264 (1996), withdrawn by order March 28, 1996, reasoning readopted and reaffirmed State v. Whittlinger, 142 Or App 308, 919 P2d 1206 (1996). He argues, however, relying on a footnote in Rezin, 139 Or App at 163 n…