(DOWNLOAD) "Washington V. Butler" by Division Three Court of Appeals of Washington # eBook PDF Kindle ePub Free
eBook details
- Title: Washington V. Butler
- Author : Division Three Court of Appeals of Washington
- Release Date : January 24, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On June 16, 1972, the defendant pleaded guilty to being a felon in possession of a pistol (RCW 9.41.040) and was sentenced to confinement for not more than 10 years in a state correctional institution. Subsequently, he filed a petition for post-conviction relief. Pursuant thereto, the Court of Appeals ordered the matter to be remanded to the superior court for hearing. As a result of the hearing held April 1, 1975, the trial court found: that during plea negotiations the habitual criminal statute*fn1 was mentioned; that the defendant believed the reference was to the second paragraph thereto, the so-called "big habitual" portion; that the prosecuting attorney could not have brought an action under the second paragraph; and that, therefore, the defendant's plea of guilty was a product of deception and was coercive. Finding the plea not voluntary, the trial court vacated the judgment and sentence. We reverse.