
    Submitted on petition for review May 20, petition for review allowed;
    decision of Court of Appeals reversed and case remanded to circuit court for further proceedings October 8, 1992
    DEREK THEODORE WAYNE, Petitioner on Review, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent on Review.
    
    (CC 91-C-10426; CA A69220; SC S39225)
    838 P2d 68
    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 P2d 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).  