In re the Personal Restraint of Bailey

— We are called upon to determine whether prior filing of a postconviction motion for collateral relief with the trial court subjects a first, nonfrivolous personal restraint petition (PRP) to summary dismissal under RCW 10.73.140. We hold that summary dismissal is appropriate under RCW 10.73.140 only where petitioner has previously filed a PRP or where the PRP is entirely based on frivolous grounds. We therefore vacate the summary dismissal and remand to the Court of Appeals for consideration of petitioner’s claims, after proper briefing under RAP 16.9 and 16.10.

FACTS

On December 31, 1992,…