Opinion
CC 91-C-10468; CA A73584; SC S39505
Submitted on petition for review August 19, 1992.
Petition for review allowed, decision of Court of Appeals reversed and case remanded to circuit court for further proceedings October 22, 1992.
In Banc
On review from the Court of Appeals.
Appeal from Marion County Circuit Court, Duane R. Ertsgaard, Judge. 114 Or. App. 422, 833 P.2d 1383 (1992).
David B. Kuhns, 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).