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RISE v. ZENON

91C-10271; CA A73690.

839 P.2d 289 (1992)

116 Or. App. 227

Erik Christian RISE, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Lester E. Seto, Salem, filed the brief for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, Salem, filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

PER CURIAM.

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...

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