The conviction that petitioner challenges in this post-conviction proceeding became final before the effective date of the amendment of ORS 138.510(2). Or Laws 1989, ch 1053, § 18. The state concedes that the post-conviction court erred in dismissing the petition. We accept the concession. Boone v. Wright, 314 Or 135, 836 P2d 727 (1992).

Reversed and remanded.