Docket No. 83444-0 (from Court of Appeals Division III Case No. 27120-0)  Facts:  Petitioner Chucco Robinson pled guilty to first degree burglary and third degree rape after negotiating a plea agreement with prosecutors.  When it was subsequently revealed that Robinson’s offender score had been improperly calculated insofar as juvenile convictions that Robinson had not revealed had not been included in the calculation, Robinson moved to withdraw his plea.  The trial court granted the motion, ruling that Robinson’s plea had not been voluntary, knowing, and intelligent given that it was based upon a mistaken belief as to the law that the juvenile convictions had “washed out.” Continue reading →

Docket No. 83385-1 (from Court of Appeals Division I Case No. 60126-1)  Facts: After being injured in an automobile accident with a train operated by respondent Burlington Northern Santa Fe Corporation, petitioner Alizon Veit filed suit against Burlington Northern Santa Fe in the Superior Court for Whatcom County, asserting that Burlington Northern Santa Fe had been negligent in operating the train. Continue reading →

Docket No. 84187-0 (from Kittitas Case No. 07-2-00549-1)  Facts:  Petitioner Kittitas County appealed the respondent Eastern Washington Growth Management Hearings Board’s decision that updates to the county’s comprehensive plan fail to comply with the requirements of the Growth Management Act (Washington Revised Code §36.70A), asserting that the board misinterpreted the law and acted arbitrarily, capriciously, and without substantial evidence in making its findings regarding rural and agricultural densities and uses, zoning techniques, land use near airports, and water resources. Continue reading →

Docket No. 83451-2 (from Court of Appeals Division II Case No. 37002-6)  Facts: Petitioner Cliff Jones was convicted of first degree child molestation in the Superior Court for Kitsap County and sentenced to 130 months imprisonment and 36 months of community custody.  Upon appeal, Jones’s sentence was reduced to 51 months imprisonment and 36 months of community custody after the state of Washington conceded that his offender score had been improperly calculated by the trial court.  As Jones had already been imprisoned for 81 months at this point, he was ordered released.  Jones subsequently filed a motion for relief from judgment, asserting that the 30 months in excess of his sentence that he had been imprisoned should be credited toward the 36 months of community custody to which he had also been sentenced. Continue reading →