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In Re William Schorr #94591-8

WACDL filed an amicus brief on April 10, 2018 on behalf of Mr. Schorr on his petition for review in which he challenged his judgment and sentence on double jeopardy grounds, even though filed more than one year after the judgement became final.

Court

WACDL was invited by the WSSC to file an amicus on behalf of Mr. Schorr's pro se petition for review following denial of his PRP by the COA.

Issue

Mr. Schorr's petition for review was granted on the issue of whether a plea-based conviction for first degree murder and first degree robbery violated double jeopardy principles. A sentence imposed by a trial court that violates double jeopardy prohibitions is an exception to the one-year limitation on challenges to final judgement and sentence and is in excess of the court's jurisdiction. RCW 10.73.100(3). Does the entry of the plea based on agreement of the parties constitute  a waiver of the right to collaterally challenge these convictions when made as part of a plea agreement.

WACDL Amicus

WACDL argues that Mr. Schorr's personal restraint petition was timely and that the double jeopardy issue was not waived by the plea agreement. The remedy should be vacation of the offending conviction to correct the double jeopardy violation.

WACDL Amicus Author

Rita Griffith, Tom Weaver

Appellate Author

Mr. Schorr, pro se.

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