Legal Opinion
In Re the Personal Restraint of Hoisington
Court of Appeals of Washington
Decided February 22, 2000No. 18621-1-IIIPublishedCited by 33 opinions
1Opinion of the CourtSchultheis, J.
Monte C. Hoisington pleaded guilty in 1991 to second-degree rape and second-degree burglary. He is currently serving an exceptional sentence of 325 months. In this petition, he seeks to specifically enforce the original plea agreement under which he first pleaded guilty. Both he and the State based that agreement on their incorrect belief that RCW 9A.44.050 defined second-degree rape as a class B felony, with a maximum sentence of 10 years.
The State moves to dismiss Mr. Hoisington’s petition because he filed it more than one year after the judgment against him became final. See RCW 10.73.090.…
2Cases cited12 opinions
- Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- State v. MillerWashington Supreme Court · 1988
- State v. WakefieldWashington Supreme Court · 1996
- State v. TourtellotteWashington Supreme Court · 1977
- In re the Personal Restraint of JohnsonWashington Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. BarberWashington Supreme Court · 2011
- In Re BondsWashington Supreme Court · 2008
- In re the Personal Restraint of BondsWashington Supreme Court · 2008
- In re the Personal Restraint of MonschkeCourt of Appeals of Washington · 2010
- State v. RobinsonCourt of Appeals of Washington · 2001
28 more not listed; retrieve them via the Exa API.