In Re the Personal Restraint of Palodichuk

Michael Francis Palodichuk has filed a personal restraint petition seeking to vacate his plea of guilty and sentence to the crime of taking a motor vehicle without permission. Two issues are raised in his petition: (1) whether the prosecutor breached the plea bargain agreement by his statements in his presentence report and by references to the report at the sentencing hearing; and (2) if the prosecutor did breach his agreement, whether the proper remedy is to allow petitioner to withdraw his plea of guilty.

The facts are not in dispute. On February. 20, 1975, the prosecuting attorney's office…