Legal Opinion · Dissent

In re the Personal Restraint of Clark

Washington Supreme Court

Decided April 8, 2010No. 81522-4Published

1DissentSanders, J.

¶17 (dissenting) — Steven Clark’s original judgment and sentence is invalid on its face, and the ex parte order modifying the judgment and sentence is also invalid on its face. As a result, Clark’s personal restraint *589petition is timely. Because the majority’s analysis to the contrary mischaracterizes the original judgment and sentence and the modification order, I dissent.

¶18 Under RCW 10.73.090(1) a prisoner is barred from filing a personal restraint petition to collaterally attack a judgment and sentence more than one year after the judgment becomes final unless it is invalid on its face.…

2Cases cited14 opinions

  1. In re the Personal Restraint of IsadoreWashington Supreme Court · 2004
  2. In Re IsadoreWashington Supreme Court · 2004
  3. State v. WalshWashington Supreme Court · 2001
  4. State v. MillerWashington Supreme Court · 1988
  5. State v. MendozaWashington Supreme Court · 2006

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