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Post Conviction

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...

CrR 7.8 Motion to Resentence St. v. Blake (3.2021)

This sample motion for relief from judgment and resentencing argues that the defendant's offender score includes prior conviction for VUCSA possession which are no longer valid pursuant to State v. Blake. thanks to Kari Reardon of...

CrR 7.8 Motion for Relief/Resentence with New Score (State v. Blake)(3.2021)

This sample motion seeks relief from judgment and resentencing to correct the offender score and remove a prior VUCSA possession conviction which is no longer a valid conviction under State v. Blake. With thanks to Josephine Towns...

CrR 7.8 Motion to Vacate PCS – St. v. Blake (3.2021)

Sample CrR 7.8 Motion to DM and Motion to Vacate pursuant to RCW 9.94A.640 based on State v. Blake (possession of a controlled substance conviction unconstitutional). Thanks to Kevin Griffin of Thurston County DAC.

Motion to Vacate and Order New Trial (2006)

Where the court reporter has failed to provide transcripts for the timely appeal, the court should vacate judgement and sentence and order a new trial.