IN RE CARLSTAD

No. 49080-0-I.

58 P.3d 301 (2002)

114 Wash.App. 447

In re Personal Restraint Petition of Monti J. CARLSTAD, Petitioner.

Court of Appeals of Washington, Division 1.

As Amended December 6, 2002.


Attorney(s) appearing for the Case

Thomas Michael Kummerow, Washington Appellate Project, Seattle, WA, for Appellant.

Daniel Jason Clark, King County Prosecuting Attorney, Seattle, WA, for Respondent.


KENNEDY, J.

Monti Carlstad, who is incarcerated at a state prison near Spokane, handed his personal restraint petition to prison officials for mailing five days before the expiration of the one-year deadline. However, the petition was not filed at this court until one day after the deadline. Carlstad argues that his petition was timely filed according to the federal mailbox rule, which deems pro se incarcerated defendants' pleadings as "filed" when they are properly...

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