CALHOUN v. MAASS, 116 Or. App. 56 (1992)

838 P.2d 647

MICHAEL FORREST CALHOUN, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

CCV91-08102; CA A74923Oregon Court of Appeals.Submitted on record and briefs October 2, 1992
Reversed and remanded October 28, 1992

Appeal from Circuit Court, Clackamas County.

Hugh C. Downer, Judge.

Janet Lee Hoffman, Jana Toran and Hoffman Matasar, Portland, 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 Rossman, Judge.

PER CURIAM

Reversed and remanded.

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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) 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.

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