Opinion
87-C-10345; CA A47445
On appellant's petition for reconsideration filed January 18, 1989, petition for reconsideration allowed; former decision ( 94 Or. App. 564, 767 P.2d 120) withdrawn; remanded with instructions to dismiss writ of habeas corpus February 22, reconsideration denied April 28, petition for review denied May 31, 1989 ( 308 Or. 79)
Appeal from the Circuit Court, Marion County, Val D. Sloper, Judge.
John E. Storkel, Salem, for petition.
No appearance contra.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Petition for reconsideration allowed; former decision withdrawn; remanded with instructions to dismiss writ of habeas corpus.
Petitioner appealed a judgment denying him relief on the merits in this habeas corpus proceeding. We affirmed without opinion. 94 Or. App. 564, 767 P.2d 120 (1988).
We allow his petition for reconsideration, because the writ should have been dismissed without reaching the merits. Keenan v. Peterson, 307 Or. 323, 767 P.2d 441 (1989).
Petition for reconsideration allowed; former decision withdrawn; remanded with instructions to dismiss the writ of habeas corpus.