Opinion

Personal Restraint Petition Of Joseph Leif Wolf

  • 196 Wash. App. 496
  • 384 P.3d 591
Court
Court of Appeals of Washington
Filed
Oct 25, 2016
Status
Published
Author
Bjorgen
On the bench
Maxa, Bjorgen, Johanson
Cited by
33 cases
Authority
More cited than 12.5%

holding that Wolf’s personal restraint petition (PRP) was time barred because a special sex offender sentencing alternative revocation did not affect the statutory time bar against a PRP, which time started running seven years earlier when the initial sentencing was completed

How later courts described this case

  • holding that Wolf’s personal restraint petition (PRP) was time barred because a special sex offender sentencing alternative revocation did not affect the statutory time bar against a PRP, which time started running seven years earlier when the initial sentencing was completed
  • holding that Wolf’s personal restraint petition (PRP

Written by the judges who cited it.

The opinion

Bjorgen, C. J.

¶45 (dissenting in part) — My dissent in In re Personal Restraint of Dove concluded that under RCW 10.73.100(6), the Supreme Court’s decision in State v. Blazina, 182 Wn.2d 827, 835-37 , 344 P.3d 680 (2015), constituted a “ ‘significant change in the law’ ” that is “ ‘material to the . . . sentence’ ” and that “ ‘sufficient reasons exist to require retroactive application’ ” of the changed law. 196 Wn. App. 148, 166 , 381 P.3d 1280 (2016) (alteration in original) (quoting RCW 10.73.100(6)). For that reason, the Dove dissent would have held that Dove’s challenge to his legal financial obligations (LFOs) was not subject to the one-year time bar for personal restraint petitions (PRPs).

¶46 The same reasoning applies with equal force to Wolf’s PRP. I would hold that his LFO challenge similarly falls within the exception to the PRP time bar of RCW 10.73.100(6) and is properly before us. Therefore, I dissent from the majority’s holding that Wolf’s LFO challenge is barred.

Reconsideration denied November 30, 2016.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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