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IN RE BONDS

No. 80995-0.

196 P.3d 672 (2008)

In the Matter of the Personal Restraint Petition of Robert Charles BONDS, Jr., Respondent.

Supreme Court of Washington, En Banc.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Michelle Luna-Green, Pierce Co. Prosecutor's Office, Tacoma, WA, for Petitioner.

Nancy P. Collins, Washington Appellate Project, Seattle, WA, for Respondent.

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

C. JOHNSON, J.

¶ 1 We are asked to determine whether, under the facts of this case, we will recognize equitable tolling as an exception to the time bar provided under RCW 10.73.090 and permit Robert Charles Bonds, Jr., to submit an otherwise untimely amended personal restraint petition (PRP). The Court of Appeals applied equitable tolling to allow Bonds to amend his PRP more than one year after his judgment and sentence became final. This permitted Bonds to raise...

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