In re the Personal Restraint of Smalls

¶1 Benjamin Lee Smalls collaterally attacks his 2009 convictions for assault in the second degree and *384murder in the second degree. He seeks to withdraw his guilty pleas to both crimes and dismissal of the assault charge. Smalls’s judgment and sentence shows that he was charged with and convicted of assault in violation of the statute of limitations. As a result, the State concedes that the assault charge should be dismissed.

¶2 Smalls also contends that this facial error and a sentencing error for his murder conviction entitle him to collaterally challenge his guilty plea to murder more than…