In re Pers. Restraint of James

*687 ¶ 1 Robert James timely filed a personal restraint petition with supporting documents. The acting chief judge of Division Two of the Court of Appeals dismissed the petition as frivolous, and this court's commissioner denied James's motion for discretionary review. Based on the evidence included in James's pleadings and the State's subsequent statements, we grant James's motion to modify the commissioner's ruling, grant discretionary review, and remand to the Court of Appeals for further consideration.

FACTS

¶ 2 A jury convicted James of second degree rape. At trial, the State presented…