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IN RE PERKINS

No. 69662-4.

19 P.3d 1027 (2001)

143 Wash.2d 261

In the Matter of the PERSONAL RESTRAINT PETITION OF Robert PERKINS, Petitioner.

Supreme Court of Washington, En Banc.

March 15, 2001.

Attorney(s) appearing for the Case

Robert Perkins, Walla Walla, Pattie Mhoon, Tacoma, for Petitioner.

Hon. John Ladenburg, Pierce County Prosecutor, Barbara L. Corey-Boulet, Deputy, Kathleen Proctor, Deputy, Tacoma, for Respondent.

SANDERS, J.

The Court of Appeals properly transferred Robert Perkins' successive personal restraint petition (PRP) to this court for review on the merits rather than dismissing it pursuant to RCW 10.73.140. We hold Mr. Perkins is entitled to the relief he seeks and remand for resentencing.

Facts

On December 2, 1998, petitioner Robert Perkins pleaded guilty to one count of solicitation to deliver a controlled substance (cocaine) in violation...

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