In re the Personal Restraint of Gilbert

Petitioner collaterally attacks his conviction for second degree murder.

Issue

Should the holding of State v. Rogers, 83 Wn.2d 553, 520 *287P.2d 159, cert. denied, 419 U.S. 1053, 42 L. Ed. 2d 650, 95 S. Ct. 633 (1974), invalidating RCW 9.41.030,1 be applied retroactively on a personal restraint petition?

Procedure

Petitioner was convicted of second degree murder in September 1969. The jury made a special finding that at the time the offense was committed, he was armed with a deadly weapon. He was sentenced to a term of 20 years of confinement.

This court affirmed petitioner's conviction. State v.…