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IN RE PERSONAL RESTRAINT OF LAVERY

No. 75340-7.

111 P.3d 837 (2005)

154 Wash.2d 249

In re PERSONAL RESTRAINT OF Leonard B. LAVERY, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 5, 2005.

Attorney(s) appearing for the Case

Suzanne Lee Elliott, Seattle, for Petitioner/Appellant.

Catherine Marie McDowall, Ann Marie Summers, King County Prosecutor's Office, Seattle, for Appellee/Respondent.

Sheryl Gordon McCloud, James Elliot Lobsenz, Carney Badley Spellman, Rita Joan Griffith, Seattle, for Amicus Curiae (Washington Association of Criminal Defense Lawyers).

CHAMBERS, J.

¶ 1 Leonard B. Lavery was convicted of second degree robbery in 1998 and sentenced to life in prison under the Persistent Offender Accountability Act (POAA), former RCW 9.94A.120 (1998). At issue is whether Lavery's 1991 federal bank robbery conviction was a "strike" under the POAA. We conclude that it was not and that Lavery's Personal Restraint Petition (PRP) is not barred either as untimely or successive.

STATEMENT OF THE CASE

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