Opinion
86-C-11348; CA A43256
Petition for reconsideration filed December 21, 1987,
Petition for reconsideration granted, February 3, 1988
Appeal from Circuit Court, Marion County.
Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.
Kurt Mitchell, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.
Before Warden, Presiding Judge, and Joseph, Chief Judge, and Van Hoomissen, Judge.
PER CURIAM
Petition for reconsideration granted; former opinion withdrawn; reversed and remanded.
In this habeas corpus proceeding, the trial court granted the state a summary judgment. We affirmed. 88 Or. App. 187, 744 P.2d 300 (1987). The inmate has petitioned for review, which we treat as a petition for reconsideration. ORAP 10.10. The petition is granted, and the previous opinion is withdrawn. The summary judgment is reversed, and the case is remanded. Jorgenson v. Schiedler, 87 Or. App. 100, 741 P.2d 528 (1987).