The state’s motion to dismiss this appeal is denied. Appellant Hoyle’s application for post-conviction relief was not heard in Superior Court due to the pendency of his direct appeal in this court. Hoyle’s direct appeal has now been decided. State v. Hoyle, 122 R.I. 45, 404 A.2d 69 (1979).

Accordingly, this case is remanded to the Superior Court for further proceedings on appellant’s application for post-conviction relief.