Legal Opinion

In re Pers. Restraint of Finstad

Washington Supreme Court

Decided May 23, 2013No. 86018-1Published

1Opinion of the Court

FILE···. . IN CLERKS OPFICI IN THE SUPREME COURT OF THE STATE OF WASHINGTON In the Matter of the Personal ) Restraint of ) No. 86018-1 ) LOWELL DERAY FINSTAD, ) EnBanc ) Petitioner. ) Filed MAY 2 8 2013 GONZALEZ, J .-This case squarely asks whether petitioners collaterally challenging judgments and sentences based on a failure to follow statutory sentencing procedures must show that they were prejudiced by the claimed error. In 2007, Lowell Deray Finstad faced at least seven felony charges. After he was convicted by a jury on two of the charges, he and the State negotiated a global plea…

2Cases cited34 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Jones v. United StatesSupreme Court of the United States · 1999
  4. Oregon v. IceSupreme Court of the United States · 2009
  5. In Re the Personal Restraint of CookWashington Supreme Court · 1990

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