In re the Personal Restraint of Mayer

*698¶1 Jeremy Leland Mayer seeks relief from personal restraint imposed for his 1993 Spokane County conviction upon Alford1 plea of guilty to a single count of second degree murder under both the intentional and felony murder (predicated upon second degree assault) alternatives of the second degree murder statute, RCW 9A.32.050(1)(a) and (b).

Schultheis, J.

¶2 The primary question is whether Mr. Mayer’s conviction must be vacated in light of the Supreme Court’s holding in In re Personal Restraint of Andress, 147 Wn.2d 602, 616, 56 P.3d 981 (2002),. that assault may not serve as the predicate crime…