Fine v. Zenon

*185De MUNIZ, J.

Petitioner appeals a judgment dismissing his untimely petition for post-conviction relief.1 Petitioner filed his original petition on January 25, 1991, and an amended petition on April 8, 1991. He concedes that his petition was not timely filed. Defendant concedes that the post-conviction court erred by dismissing the petition without a hearing. Although we are not bound by that concession, we accept it. Accordingly, we reverse and remand.

ORS 138.510(2) provides:

“A petition pursuant to [the Post-Conviction Hearing Act] must be filed within 120 days of the following, unless the…