Resentencing – Including Subsequent Convictions Violates Due Process (2020)

Thanks to Andrea Burkhart for this brief, arguing that the court violates the defendant's due process by including subsequent convictions in an offender score at resentencing.

Amicus Brief, State v. Asaria Miller (3.2022)

Appointment of Counsel in CrR 7.8(b) Motion- Amendments to CrR 3.1, 7.8 (2.2022)

Motion to Vacate Possession of Legend Drug (9.2021)

This sample motion argues that the court should vacate a conviction for possession of a legend drug. Thanks to Eric Mapes.

Motion to Vacate Inchoate Offense – St. v. Blake (9.2021)

This sample motion to vacate argues that anticipatory offenses of attempted possession, conspiracy to possess and solicitation to possess should be vacated pursuant to State v. Blake.

Felony Resentencing Pathways (3.2022)

SAMPLE Defense Motion to Vacate and Correct Offender Score- State v. Blake (2021)

Blake Research Memo -Whether State May Move to Vacate over Defense Objection (6.2021)

This research memo discusses the legal analysis if the defense opposes a State Motion to Vacate pursuant to St v. Blake.

PRP, Opening Brief re Blake/Challenge to UPFA Based on PCS (4.2021)

In this PRP, the Petitioner Mr. Gonzales argues that his 2020 conviction for UPFA predicated on prior convictions for PCS is invalid. Mr. Gonzales’ October 2020 guilty plea to UPFA was not knowing, intelligent and voluntary beca...

7.8( b) Blake Motion for New Trial, to Withdraw Indivisible Plea and Motion Opposing Transfer to COA (5.2021)

This is a motion opposing transfer to the COA and a Motion to Reconsider. The brief argues that the trial court should allow the defendant to withdraw his 2009 guilty plea pursuant to State v. Blake and grant a new trial. Thanks t...