RODNEY HOWEY, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant

BREWER, J.,

concurring.

I concur in the result in this case because it is compelled by our decision in Peek v. Thompson, 160 Or App 260, 980 P2d 178 (1999). However, I persist in the view that Peek was incorrectly decided for one or more of the reasons stated in the dissent in that case.