Legal Opinion

In re the Personal Restraint of Rowland

Court of Appeals of Washington

Decided April 6, 2009No. 59685-3-IPublishedCited by 8 opinions

1Opinion of the Court

¶1 Years after the trial court imposed an exceptional sentence of 541 months upon petitioner Michael Rowland, he seeks relief on the basis that an incorrect analysis of the comparability of a prior California burglary conviction produced an error in his offender score. The alleged error is not evident on the face of the judgment and sentence. Thus, the statutory one-year time limit bars his petition unless one of the statutory exceptions applies. Here, Rowland’s petition comes within one of the statutory exceptions. There has been a significant change in the law governing the legal…

2Cases cited31 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. In Re the Personal Restraint of CookWashington Supreme Court · 1990
  4. State v. NordbyWashington Supreme Court · 1986
  5. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002

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3Cited by8 opinions

  1. State v. RowlandWashington Supreme Court · 2012
  2. State v. RowlandCourt of Appeals of Washington · 2011
  3. State v. CarneyCourt of Appeals of Washington · 2013
  4. State of Washington v. Olajide Adel FletcherCourt of Appeals of Washington · 2021
  5. State v. VasquezWashington Supreme Court · 2024

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