GUTIERREZ v. MAASS, 314 Or. 379 (1992)

838 P.2d 67

ANTONIO A. GUTIERREZ, Petitioner on Review, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent on Review.

CC 90-C-11458; CA A68490; SC S39109Oregon Supreme Court.Submitted on petition for review April 15, 1992.
Petition for review allowed; decision of Court of Appeals reversed and case remanded to circuit court for further proceedings October 8, 1992.

In Banc

On review from the Court of Appeals.[*]

[*] Appeal from Marion County Circuit Court, Richard D. Barber, Judge. 111 Or. App. 439, 825 P.2d 657 (1992).

Jay Edwards, Salem, filed the petition for petitioner on review.

No appearance contra.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is reversed, and the case is remanded to the circuit court for further proceedings. See Boone v. Wright, 314 Or. 135, 836 P.2d 727 (1992) (holding that the 1989 amendment to ORS 138.510 (2) does not apply to persons whose convictions became final before August 5, 1989).

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