Legal Opinion

In re the Personal Restraint of Banks

Court of Appeals of Washington

Decided April 6, 2009No. 60693-0-IPublishedCited by 4 opinions

1Opinion of the Court

*515¶1 In order to avoid the possibility of a “three-strikes” life sentence, petitioner Frank Banks pleaded guilty to two nonstrike charges and agreed to an exceptional sentence of 150 months. Five years later he filed the present collateral attack upon the sentence, alleging that prior California convictions were erroneously found comparable to Washington felonies and as a result his offender score was miscalculated. But the alleged error is not evident on the face of the judgment and sentence, nor is it shown by documents related to the plea. Because the judgment and sentence is valid on its…

2Cases cited19 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. In Re DavisWashington Supreme Court · 2004
  3. In re the Personal Restraint of DavisWashington Supreme Court · 2004
  4. State v. FordWashington Supreme Court · 1999
  5. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002

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3Cited by4 opinions

  1. In re the Personal Restraint of CarterCourt of Appeals of Washington · 2010
  2. In Re CarterCourt of Appeals of Washington · 2010
  3. State of Washington v. Olajide Adel FletcherCourt of Appeals of Washington · 2021
  4. Personal Restraint Petition of Christopher James RidleyCourt of Appeals of Washington · 2016

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