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IN RE HOISINGTON

No. 18621-1-III.

993 P.2d 296 (2000)

99 Wash.App. 423

In the Matter of the Application for Relief From Personal Restraint of: Monte C. HOISINGTON, Petitioner.

Court of Appeals of Washington, Division 3, Panel Six.

Reconsideration Denied March 24, 2000.

Attorney(s) appearing for the Case

John Henry Browne, Browne & Ressler, Seattle, for Petitioner.

Ray D. Lutes, Prosecuting Attorney, Asotin, for Respondent.

SCHULTHEIS, J.

Monte C. Hoisington pleaded guilty in 1991 to second-degree rape and second-degree burglary. He is currently serving an exceptional sentence of 325 months. In this petition, he seeks to specifically enforce the original plea agreement under which he first pleaded guilty. Both he and the State based that agreement on their incorrect belief that RCW 9A.44.050 defined second-degree rape as a class B felony, with a maximum sentence of 10 years.

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