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STATE v. MURPHY

No. 49187-3-I.

81 P.3d 122 (2002)

STATE of Washington, Respondent, v. Darrell E. MURPHY, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered December 19, 2003.

As Amended on Denial of Reconsideration April 24, 2003.

Attorney(s) appearing for the Case

David Doonan, Oliver Davis, Washington Appellate Project, Seattle, WA, for Appellant.

James Whisman, King County Prosecutor's Office, Seattle, WA, for Respondent.

PER CURIAM.

Darrell Murphy entered into a plea agreement based on a mutual mistake regarding the standard sentencing range. Such a plea is involuntary, and constitutes a manifest injustice.1 This is so regardless of the fact that the correct sentencing range is less onerous.2 The remedy is that Murphy may specifically enforce the plea agreement, or may withdraw his guilty plea. The choice is Murphy's, subject...

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