Facts:  Petitioner Scott Skylstad filed a personal restraint petition (PRP) during the second of two direct appeals in the Washington Court of Appeals more than one year after his conviction of first degree robbery, but while his sentence was still on appeal. The Court of Appeals dismissed the PRP, holding that the petition to collaterally challenge the conviction was time-barred because the mandate issued in the first direct appeal affirming the conviction was the date of the final judgment, regardless if the sentence was still on appeal. The Supreme Court of Washington granted Skylstad’s petition for discretionary review of the PRP.

Question:  Is a judgment final if a defendant’s sentence is still under appeal, even if the defendant’s conviction has been finalized?

Conclusion:  Justice Richard B. Sanders’ opinion for the Court concluded that Skylstad’s judgment was not final because his sentence was still being appealed. Pursuant to Wash. Rev. Code 10.73.090, a judgment becomes final when all litigation on the merits ends, and when review is terminated on both the sentence and the conviction. Since the trial court still had to determine Skylstad’s sentence, litigation on the merits continued and his judgment could not be final until his sentence was final. Furthermore, since his second appeal was still pending and no final judgment had been issued, the one-year limitation to file a PRP had not yet begun, so the Court of Appeals erred in holding Skylstad’s PRP time-barred. The Court remanded to the Court of Appeals to determine the merits of Skylstad’s PRP.

Docket No. 78156-7 (from Court of Appeals Division III Case No. 24681-7)

Petitioner: Scott Skylstad

(Counsel: Jeffrey E. Elles)

Respondent: State

(Counsel: Steven J. Tucker and Kevin M. Korsmo)

Argument: Tuesday, November 28, 2006 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, July 19th, 2007

Prevailing Party: Scott Skylstad (Petitioner)

Vote: 5-4

Opinion: 160 Wn.2d 944 (2007)

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson