State v. Contreras-Rebollar
| Decision Date | 13 June 2013 |
| Docket Number | No. 87650–9.,87650–9. |
| Citation | 303 P.3d 1062,177 Wash.2d 563 |
| Court | Washington Supreme Court |
| Parties | STATE of Washington, Respondent, v. Adrian CONTRERAS–REBOLLAR, Petitioner. |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Pierce County; 06–1–01643–4, Honorable Ronald E. Culpepper, Judge.
Adrian Contreras–Rebollar, Monroe, WA, pro se.
Jason Paul Ruyf, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.
[177 Wash.2d 564]¶ 1 In 2007 Adrian Contreras–Rebollar was found guilty of first degree assault and second degree unlawful possession of a firearm. On appeal the Court of Appeals affirmed the convictions but remanded for resentencing, State v. Contreras–Rebollar, noted at 149 Wash.App. 1001, 2009 WL 448902 (2009), issuing its mandate in April 2010. On remand the trial court resentenced Contreras–Rebollar and issued a resentencing order in July 2010. Contreras–Rebollar appealed again, and in March 2011, while the appeal was still pending, he filed a pro se personal restraint petition in the Court of Appeals challenging his convictions, which the court consolidated with the appeal. In August 2011 Contreras–Rebollar moved to file a supplement to his personal restraint petition. The Court of Appeals granted the motion, and Contreras–Rebollar filed a supplement on November 22, 2011. The Court of Appeals issued an opinion in June 2012 again remanding for resentencing but denying Contreras–Rebollar's personal restraint petitions, finding the original petition meritless and the supplemental petition untimely. State v. Contreras–Rebollar, noted at 169 Wash.App. 1001, 2012 WL 2499369 (2012). Contreras–Rebollar now seeks this court's review of the Court of Appeals' denial of his personal restraint petitions. For the reasons discussed below, the petition for review is granted in part.
¶ 2 A supplemental personal restraint petition may be filed if it is otherwise timely under the one-year time limit on collateral attack. In re Pers. Restraint of Bonds, 165 Wash.2d 135, 140, 196 P.3d 672 (2008). The one-year period commences when the judgment and sentence becomes final on direct appeal. RCW 10.73.090(3)(b). In finding Contreras–Rebollar's supplemental petition untimely, the Court of Appeals considered the date of finality the date it issued its mandate in Contreras–Rebollar's first appeal, April 14, 2010. But the court in that appeal remanded for resentencing. Thus, for purposes of triggering the time limit, the judgment and sentence was not yet final...
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In re Sorenson
...considered the timeliness of a supplemental PRP that was filed during the pendency of a second appeal in State v. Contreras-Rebollar , 177 Wash.2d 563, 565, 303 P.3d 1062 (2013). There, the Court of Appeals affirmed Contreras-Rebollar's convictions but reversed his sentence and remanded for......
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State v. Contreras-Rebollar
...guilty on both counts of first degree assault and found that he was armed with a firearm during the commission of both crimes. State v. Contreras-Rebollar, noted at 149 1001, 2009 WL 448902, at * 1-2 (2009) (some alternations in original) (internal footnotes omitted).[2] II. Procedure Contr......
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State v. Contreras-Rebollar (In re Pers. Restraint Petition Contreras-Rebollar)
...guilty on both counts of first degree assault and found that he was armed with a firearm during the commission of both crimes.State v. Contreras-Rebollar, noted at 149 Wn. App. 1001, 2009 WL 448902, at *1-2 (2009) (some alternations in original) (internal footnotes omitted).2II. PROCEDURE C......
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In re Personal Restraint of Gregory
... ... not object at trial, and (5) there was no cumulative error ... However, we hold that, as the State now concedes, the State ... cannot collect accrued interest from Gregory on a vacated ... legal financial obligation (LFO) ... In re Pers ... Restraint of Skylstad , 160 Wn.2d 944, 946, 162 P.3d 413 ... (2007); see also State v. Contreras-Rebollar , 177 ... Wn.2d 563, 565, 303 P.3d 1062 (2013) ... B ... Validity of Search Warrant and Blood Draws ... ...