State v. Miller

IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, NO. 91065-1 Petitioner, v. EN BANC SPENCER LEROY MILLER, Filed FEB 1 1 ~~016 Respondent. STEPHENS, J.-Ajury convicted Spencer Miller of two counts of attempted first degree murder in 2002. The trial court imposed a 200-month sentence on each count, to run consecutively pursuant to RCW 9.94A.589(1)(b). In an untimely collateral attack, Miller argues that In re Personal Restraint of Mulholland, 161 Wn.2d 322,

166 P.3d 677

(2007), constitutes a significant change in the law retroactively applicable to his sentence. The trial…