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STATE v. MARSHALL

No. 66693-8.

27 P.3d 192 (2001)

144 Wash.2d 266

STATE of Washington, Respondent, v. Henry Lewis MARSHALL, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 19, 2001.

Attorney(s) appearing for the Case

Nielsen, Broman & Assoc., Eric J. Nielsen and Eric Broman, Seattle, for petitioner.

Gerald Horne, Pierce County Prosecutor, Barbara L. Corey-Boulet, Deputy, Kathleen Proctor, Deputy, Tacoma, for respondent.

SANDERS, J.

Henry Lewis Marshall pleaded guilty to aggravated first degree murder and was sentenced to death. In addition to our mandatory proportionality review Marshall now raises numerous issues relating to his plea and sentencing. However, because the trial court denied Marshall's motion to withdraw his guilty plea based on asserted lack of competence while failing to convene a required competency hearing pursuant to chapter 10.77 RCW, we vacate the guilty plea...

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