STATE v. CORTEZ

No. 12846-6-III.

73 Wn. App. 838 (1994)

871 P.2d 660

THE STATE OF WASHINGTON, Appellant, v. JOSE E. CORTEZ, Respondent.

The Court of Appeals of Washington, Division Three.

April 21, 1994.


Attorney(s) appearing for the Case

Andrew K. Miller, Prosecuting Attorney, for appellant.

Antonio Salazar and Salazar Law Offices, for respondent.


THOMPSON, C.J.

The State appeals a superior court order vacating the judgment and sentence of Jose E. Cortez for possession of a controlled substance, cocaine. The State contends the court lacked authority to grant such relief because there were no defects in the underlying conviction nor any extraordinary circumstances to justify vacation. The State also contends the vacation was an untimely collateral attack on the judgment and violated the separation of powers...

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