Petitioner appealed a judgment denying him relief on the merits in this habeas corpus proceeding. We affirmed without opinion. 94 Or App 564, 767 P2d 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 P2d 441 (1989).

Petition for reconsideration allowed; former decision withdrawn; remanded with instructions to dismiss the writ of habeas corpus.