Opinion
CC 90-C-11630; CA A67259; SC S39050
Submitted on petition for review April 1, 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. 434, 825 P.2d 655 (1992).
Sally L. Avera, Public Defender, 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).