Goodwin v. State

*361WARREN, J.

The state moves for reconsideration of our opinion in this case, 116 Or App 279, 840 P2d 1372 (1992), in which we affirmed the trial court’s judgment granting petitioner post-conviction relief. We allow the motion, withdraw our opinion and reverse the judgment.

Petitioner was convicted in 1989 of criminal nonsupport. He did not appeal. In May, 1990, he filed this petition for post-conviction relief, alleging that the indictment that resulted in his conviction was obtained in violation of Oregon Constitution, Article VII (amended), section 5(2), because the grand jury that indicted…