848 P.2d 616

EDWARD E. ALLEN, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

92C11365; CA A76017Oregon Court of Appeals.Submitted on record and briefs December 16, 1992
Reversed and remanded February 3, 1993

Appeal from Circuit Court, Marion County.

Rodney W. Miller, Judge.

Garrett A. Richardson, Multnomah Defenders, Inc., Portland, filed the brief for appellant.

Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Stephanie S. Andrus, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Chief Judge, and Deits and Riggs, Judges.

PER CURIAM

Reversed and remanded.

Page 106

PER CURIAM

Plaintiff appeals the judgment dismissing his petition for a writ of habeas corpus. The state concedes that the court erred. We accept the state’s concession.

Reversed and remanded.

Page 107

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