IN RE LEE

No. 46886-9.

95 Wn.2d 357 (1980)

623 P.2d 687

In the Matter of the Personal Restraint of PRESS LEE, JR., Petitioner. In the Matter of the Personal Restraint of DON D. HEMPHILL, Petitioner. In the Matter of the Personal Restraint of BENJAMIN MALONE, Petitioner. In the Matter of the Personal Restraint of PHILLIP EDWARD GREENE, Petitioner. In the Matter of the Personal Restraint of EUGENE S. THOMPSON, Petitioner.

The Supreme Court of Washington, En Banc.

December 31, 1980.


Attorney(s) appearing for the Case

John Midgley of Institutional Legal Services and John G. Ziegler of Seattle-King County Public Defender Association, for petitioners.

Norm Maleng, Prosecuting Attorney for King County, Marc A. Boman, Deputy, John Panesko, Prosecuting Attorney for Lewis County, and C.J. Rabideau, Prosecuting Attorney for Franklin County, and Pamela Cameron, Deputy, for respondent.


HICKS, J.

In these petitions consolidated for review five persons, each of whom has had numerous contacts with the criminal justice system, seek to bring themselves within the ambit of a recent decision of this court in an effort to escape the rigors of conviction under this state's recidivist law. The issue here, as framed by the Chief Justice in his order of July 11, 1980, is:

May a personal restraint petition be used to attack an habitual criminal finding...

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