Legal Opinion

In Re Personal Restraint Petition of Hopkins

Court of Appeals of Washington

Decided December 18, 1997No. 39347-2-IPublishedCited by 15 opinions

1Opinion of the CourtAgid, J.

Thomas Hopkins contends he is entitled to collateral relief from his 81-month sentence for solicitation to deliver cocaine because it exceeds the 5-year statutory maximum sentence for a class C felony. We hold that because Hopkins has a prior drug conviction, the statutory maximum sentence for his crime was 10 years under RCW 69.50.408. We therefore deny his personal restraint petition.

DISCUSSION

In July 1995, Hopkins was arrested and charged with delivery of cocaine in a school zone. After plea negotiations, he entered an Alford 1 plea to solicitation to deliver cocaine without the school…

2Cases cited4 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Timberline Air Service, Inc. v. BELL HELICOPTER TEXTRON, INC.Washington Supreme Court · 1994
  3. Strenge v. ClarkeWashington Supreme Court · 1977
  4. State v. CameronCourt of Appeals of Washington · 1996

3Cited by15 opinions

  1. In re the Personal Restraint of HopkinsWashington Supreme Court · 1999
  2. In re the Personal Restraint of CruzWashington Supreme Court · 2006
  3. State v. O'NEALCourt of Appeals of Washington · 2005
  4. In Re Personal Restraint of HopkinsWashington Supreme Court · 1999
  5. State v. ClarkCourt of Appeals of Washington · 2004

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