Plaintiff petitions for review of our decision affirming dismissal of his petition for a writ of habeas corpus. 104 Or App 446, 800 P2d 1093. We treat the petition as one for reconsideration, ORAP 9.15, and allow it. We withdraw our former decision and reverse the judgment. Bird v. Maass (A64583), 104 Or App 271, 800 P2d 792 (1990).

Reconsideration allowed; former decision withdrawn; reversed and remanded.