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116 Or. App. 508

Brown v. Maass

Court of Appeals of Oregon

Decided November 18, 1992

Court of Appeals of Oregon · decided 1992-11-18

Applies OR 138 § 138.510

Decided 1992-11-18

PER CURIAM

¶1Petitioner petitions for Supreme Court review. We treat the petition as one for reconsideration, ORAP 9.15, allow it and reverse the judgment.

¶2Petitioner’s petition for post-conviction relief was dismissed by the trial court, because it was not timely filed under ORS 138.510(2)(b). We affirmed that judgment, because the petition for post-conviction relief was filed more than 120 days after the time limit in ORS 138.510(2)(b) became effective. We were held to be wrong in doing that. Boone v. Wright, 314 Or 135, 836 P2d 727 (1992).

¶3Reconsideration allowed; decision withdrawn; reversed and remanded for further proceedings.

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