IN RE PETITION OF MCCARTHY

No. 32702-3-II.

143 P.3d 599 (2006)

In re the PERSONAL RESTRAINT PETITION OF Donald T. McCARTHY, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered September 12, 2006.


Attorney(s) appearing for the Case

Richard Alan Linn, Law Office of Richard Linn, PLLC, Seattle, WA, for Petitioner.

Donald T. McCarthy, pro se.

Gregory Joseph Rosen, Atty, General Ofc., Criminal Justice Division, Olympia, WA, Michael C. Kinnie, Attorney at Law, Vancouver, WA, for Respondent.


ARMSTRONG, J.

¶ 1 Donald T. McCarthy seeks relief from unlawful restraint following his 2002 guilty plea to a charge of third degree assault with sexual motivation. He claims that his restraint is unlawful because the Indeterminate Sentence Review Board (ISRB) increased his minimum term of confinement without having a jury make the necessary factual determinations and without allowing him legal representation. He also...

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