MATTER OF FLEMING

No. 63419-0.

919 P.2d 66 (1996)

129 Wash.2d 529

In the Matter of the Personal Restraint Petition of Jon FLEMING, Petitioner. In the Matter of the Personal Restraint Petition of Russell SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 18, 1996.


Attorney(s) appearing for the Case

Suzanne L. Elliott, Seattle, for Petitioner Fleming.

Patricia S. Novotny, Seattle, for Petitioner Smith.

Norm Maleng, King County Prosecutor, Ann M. Foerschler, Deputy, Seattle, David R. Needy, Skagit County Prosecutor, Mount Vernon, for respondent.


JOHNSON, Justice.

These consolidated petitions for review concern whether an untimely restitution order constitutes a "fundamental defect" justifying collateral review and dismissal of the restitution order. Because Washington law authorizes the imposition of restitution, we hold that an untimely restitution order, although a sentencing error, does not rise to the level of a fundamental defect. Accordingly, we dismiss the petitions.

Petitioner Russell Smith...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases