Legal Opinion

In re the Personal Restraint of Clark

Washington Supreme Court

Decided April 8, 2010No. 81522-4PublishedCited by 14 opinions

1Opinion of the CourtFairhurst, J.

¶1 Steven Joseph Clark seeks to withdraw his 1998 guilty plea to two counts of second degree robbery. Clark asserts that his plea was involuntary because the plea agreement erroneously informed him that he would serve one year of community placement. Community placement was not statutorily authorized for his crimes. He seeks to avoid the one year time limit for bringing a personal restraint petition (PRP) by arguing that his judgment and sentence is invalid on its face. The Court of Appeals agreed with Clark and remanded to the trial court to give Clark the opportunity to elect to withdraw…

2Cases cited5 opinions

  1. State v. AmmonsWashington Supreme Court · 2005
  2. In re the Personal Restraint of HemenwayWashington Supreme Court · 2002
  3. Presidential Estates Apartment Associates v. BarrettWashington Supreme Court · 1996
  4. SS v. AlexanderCourt of Appeals of Washington · 2008
  5. State v. RoothCourt of Appeals of Washington · 2005

3Cited by14 opinions

  1. In re the Personal Restraint of CoatsWashington Supreme Court · 2011
  2. In re the Personal Restraint of Toledo-SoteloWashington Supreme Court · 2013
  3. In re the Personal Restraint of SnivelyWashington Supreme Court · 2014
  4. Personal Restraint Petition Of Arthur Lewis DoveCourt of Appeals of Washington · 2016
  5. In Re the Personal Restraint of ScottWashington Supreme Court · 2012

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