Legal Opinion

State v. Olivera-Avila

Court of Appeals of Washington

Decided December 23, 1997No. 16083-1-IIIPublishedCited by 27 opinions

1Opinion of the CourtSchultheis, J.

Mandatory community placement is a direct consequence of certain guilty pleas and must be communicated to the defendant before he or she enters the plea. State v. Ross, 129 Wn.2d 279, 284-86, 916 P.2d 405 (1996). Alfonso Olivera-Avila was not informed that one year of community placement was mandatory for a plea of guilty to charges of possession and delivery of cocaine. Three years after entry of his judgment, he moved to withdraw his pleas and vacate the judgment and sentence on the basis of Ross. The trial court granted the motion and the State now appeals, contending Mr. Oliver a-Avila’s…

2Cases cited16 opinions

  1. State v. AmmonsWashington Supreme Court · 2005
  2. Joseph F. Cuthrell v. Director, Patuxent InstitutionCourt of Appeals for the Fourth Circuit · 1973
  3. State v. HolsworthWashington Supreme Court · 1980
  4. Matter of Personal Restraint of St. PierreWashington Supreme Court · 1992
  5. State v. RossWashington Supreme Court · 1996

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3Cited by27 opinions

  1. In re the Personal Restraint of GreeningWashington Supreme Court · 2000
  2. In re the Personal Restraint of TurayWashington Supreme Court · 2003
  3. In Re TurayWashington Supreme Court · 2003
  4. State v. RobinsonCourt of Appeals of Washington · 2001
  5. In re the Personal Restraint of StoudmireWashington Supreme Court · 2001

22 more not listed; retrieve them via the Exa API.

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