In this post-conviction proceeding brought pursuant to ORS 138.510 et seq, the state concedes that the court erred in dismissing the petition. We agree. Petitioner is entitled to a delayed appeal. Daniel v. Cupp, 54 Or App 824, 636 P2d 452 (1981), rev den 293 Or 103 (1982).

Reversed and remanded with instructions to allow petitioner 30 days from the date of this decision to perfect an appeal.