Opinion
90-C-11246; CA A71216
Submitted on appellant's petition for reconsideration filed October 7, 1992
Reconsideration allowed; decision ( 114 Or. App. 639, 835 P.2d 963) withdrawn; reversed and remanded for further proceedings November 18, 1992
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
Steven H. Gorham, Salem, for petition.
Before Richardson, Presiding Judge, and Deits and Durham, Judges.
PER CURIAM
Reconsideration allowed; decision withdrawn; reversed and remanded for further proceedings.
Petitioner petitions for Supreme Court review. We treat the petition as one for reconsideration, ORAP 9.15, allow it and reverse the judgment.
Petitioner's petition for post-conviction relief was dismissed by the trial court, because it was not timely filed under ORS 138.510(2)(b). We affirmed that judgment, because the petition for post-conviction relief was filed more than 120 days after the time limit in ORS 138.510(2)(b) became effective. We were held to be wrong in doing that. Boone v. Wright, 314 Or. 135, 836 P.2d 727 (1992).
Reconsideration allowed; decision withdrawn; reversed and remanded for further proceedings.