STATE v. WALSH

No. 68979-2.

17 P.3d 591 (2001)

143 Wash.2d 1

STATE of Washington, Respondent, v. Timothy Patrick WALSH, Petitioner.

Supreme Court of Washington, En Banc.

Decided February 8, 2001.


Attorney(s) appearing for the Case

Sonderman & Swanberg, Carl G. Sonderman, Kennewick, for Petitioner.

Steven Lowe, Franklin County Prosecutor, David Wayne Corkrum, Deputy, Pasco, for Respondent.


MADSEN, J.

The defendant agreed to plead guilty to second-degree rape in exchange for the prosecutor's promise to recommend a sentence at the low end of the standard range. However, the parties were mistaken about the proper standard range sentence the standard range is higher than contemplated by the plea agreement. We hold that the plea agreement was not voluntary and that the defendant is entitled to challenge the plea's validity for the first time on appeal.<...

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