
    Argued and submitted March 31,
    reversed and remanded April 22, 1987
    In the Matter of the Application of LAURIE ANN TAULBEE for a Writ of Habeas Corpus, Appellant, v. FRANCE et al, Respondents.
    
    (38042-TM; CA A39971)
    735 P2d 1302
    Brian J. MacRitchie, Bend, argued the cause for appellant. With him on the brief was MacRitchie & Lewis, Bend.
    David Allen Filer and Bryant, Fitch, Filer & Curtis, Redmond, filed the brief for respondents.
    Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
    PER CURIAM
   PER CURIAM

Petitioner was convicted in municipal court of driving under the influence of intoxicants in violation of a city ordinance. She asserts that the denial of post-conviction relief to her, because she was convicted of a municipal ordinance violation, violates her federal and state equal protection rights.

The issue was decided in Hunter v. State of Oregon, 84 Or App 698, 735 P2d 1225 (1987), where we said that the post-conviction relief statutes apply when, as here, the conviction is for violation of a municipal ordinance mandated by a state statute to prohibit the same conduct and provide for the same penalty as the state DUII statute. Accordingly, petitioner should be allowed to pursue her post-conviction claim.

Reversed and remanded.  