Opinion
91C-10271; CA A73690
Submitted on record and briefs October 9, 1992
Reversed and remanded November 4, 1992
Appeal from Circuit Court, Marion County.
Albin W. Norblad, Judge.
Lester E. Seto, Salem, filed the brief for appellant.
Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.
Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.
PER CURIAM
Reversed and remanded.
The conviction that petitioner challenges in this post-conviction proceeding became final before the effective date of the amendment of ORS 138.510(2). Or Laws 1989, ch 1053, § 18. The state concedes that the post-conviction court erred in dismissing the petition. We accept the concession. Boone v. Wright, 314 Or. 135, 836 P.2d 727 (1992).
Reversed and remanded.