Opinion
91C-11917; CA A74661
Submitted on record and briefs October 2, 1992
Reversed and remanded October 28, 1992
Appeal from Circuit Court, Marion County.
Duane R. Ertsgaard, Judge.
Kristopher A. Kaino and Kaino Jones Partridge, 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 Buttler, Presiding Judge, and Joseph, Chief Judge, and De Muniz, 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) by Oregon Laws 1989, chapter 1053, section 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.