In Re the Personal Restraint of Carrier

¶1 Harry Carrier filed this untimely personal restraint petition asserting that his mandatory life sentence under the “two strikes” provision of the Persistent Offender Accountability Act (POAA) of the Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, is invalid. He contends that the trial court erroneously counted a dismissed conviction from 1981 as one of the strikes. The commissioner denied review because Carrier’s judgment and sentence does not itself indicate that the 1981 conviction was dismissed. We granted Carrier’s motion to modify and accepted review. We conclude that the…