STATE v. SMITH

No. 36858-7-II.

184 P.3d 666 (2008)

STATE of Washington, Respondent, v. Kevin SMITH, Appellant.

Court of Appeals of Washington, Division 2.

May 28, 2008.


Attorney(s) appearing for the Case

Eric Broman, Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Randall Avery Sutton, Jeremy Aaron Morris, Kitsap County Prosecutor's Office, Port Orchard, WA, for Respondent.


VAN DEREN, A.C.J.

¶ 1 Kevin Smith appeals from an order denying his CrR 7.8 motion to dismiss his conviction for violation of CrR 3.3 and the code of judicial conduct. The superior court dismissed the motion as untimely, invoking RCW 10.73.090. Because the trial court lacked authority to dismiss on this basis under the new version of CrR 7.8, we vacate the order and remand for further proceedings.

FACTS

¶ 2 In 1995, a jury found Smith guilty...

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