Legal Opinion

In re the Personal Restraint of Toledo-Sotelo

Washington Supreme Court

Decided February 21, 2013No. 85377-1PublishedCited by 23 opinions

1Opinion of the CourtWiggins, J.

¶1 The personal restraint petition is an extraordinary remedy to be applied only in limited circumstances. In particular, a personal restraint petition can be filed only within one year after the challenged judgment becomes final, provided that the judgment is valid on its face. Jose Toledo-Sotelo filed an untimely personal restraint petition but argues that his judgment and sentence recited an incorrect offender score and offense seriousness level. In other cases, these errors might make the judgment facially invalid. But here, the trial court coincidentally used the sentencing range that…

2Cases cited21 opinions

  1. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002
  2. In Re the Personal Restraint of HewsWashington Supreme Court · 1983
  3. In re the Personal Restraint of CoatsWashington Supreme Court · 2011
  4. In Re HintonWashington Supreme Court · 2004
  5. In re the Personal Restraint of HintonWashington Supreme Court · 2004

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3Cited by23 opinions

  1. In re the Personal Restraint of SnivelyWashington Supreme Court · 2014
  2. In re the Personal Restraint of YatesWashington Supreme Court · 2014
  3. State v. KellyWashington Supreme Court · 2024
  4. State of Washington v. Olajide Adel FletcherCourt of Appeals of Washington · 2021
  5. In re Pers. Restraint of FletcherWashington Supreme Court · 2024

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

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