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IN RE SKYLSTAD

No. 78156-7.

162 P.3d 413 (2007)

In the Matter of the Personal Restraint Petition of Scott W. SKYLSTAD, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 19, 2007.

Attorney(s) appearing for the Case

Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, WA, for Petitioner.

Steven J. Tucker, Kevin Michael Korsmo, Spokane, WA, for Respondent.

Pamela Beth Loginsky, Washington Assoc of Prosecuting Atty., Olympia, WA, for Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

SANDERS, J.

¶ 1 We are asked to determine whether a judgment is final if a defendant's sentence is still under appeal. RCW 10.73.090 prevents collateral attacks on a judgment and sentence to be filed more than one year after the judgment becomes final. Scott Skylstad filed a personal restraint petition (PRP) during the second of two direct appeals, more than one year after his conviction but while his sentence was on appeal. Despite this ongoing second appeal...

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