In re the Personal Restraint of Fleming

— These consolidated petitions for review concern whether an untimely restitution order constitutes a "fundamental defect” justifying collateral review and dismissal of the restitution order. Because Washington law authorizes the imposition of restitution, we hold that *531an untimely restitution order, although a sentencing error, does not rise to the level of a fundamental defect. Accordingly, we dismiss the petitions.

Petitioner Russell Smith was charged with second degree assault of a child and third degree escape in King County on March 5, 1993. On April 12, 1993, he pleaded guilty to the…