In re the Personal Restraint of McKiearnan

Summary

The Washington Supreme Court held that a technical misstatement of the statutory maximum sentence in a plea agreement and judgment and sentence did not render the judgment facially invalid. Because the petitioner’s judgment was valid on its face and no statutory exception applied, his personal restraint petition filed more than 20 years after sentencing was time barred. The court affirmed the Court of Appeals’ dismissal.

Holdings

1. A technical misstatement of the maximum sentence does not render a judgment and sentence facially invalid when the petitioner was convicted of a valid crime by a court of competent jurisdiction, was sentenced within the applicable standard range, and the misstatement had no actual effect on the petitioner's rights.
2. Because the judgment and sentence was not facially invalid and no exception under RCW 10.73.100 was asserted, McKiearnan's personal restraint petition filed more than 20 years after judgment became final was barred by RCW 10.73.090.
3. An allegedly invalid plea agreement cannot, standing alone, overcome the one-year time bar or render an otherwise valid judgment and sentence facially invalid; the judgment and sentence must first be shown to be facially invalid.

Questions Presented

1. Whether the erroneous statement in the plea agreement and judgment and sentence that the maximum sentence was "20 years to life" rendered the judgment and sentence facially invalid.
2. Whether the alleged defect avoided the one-year time bar for collateral attacks under RCW 10.73.090.
3. Whether McKiearnan was substantively misinformed about the maximum sentence so as to entitle him to withdraw his guilty plea.

Disposition

affirmed