No. 68740-9-1.

335 P.3d 949 (2014)

182 Wn. App. 381

In the Matter of the Personal Restraint Petition of Benjamin Lee SMALLS, Petitioner.

Court of Appeals of Washington, Division 1.

July 14, 2014.

Attorney(s) appearing for the Case

Nielsen Broman Koch PLLC, Attorney at Law, David Bruce Koch , Nielsen Broman & Koch PLLC, Seattle, WA, for Petitioner.

Prosecuting Atty King County, King Co Pros/App Unit Supervisor, Amy R. Meckling , King County Prosecutor's Office, Seattle, WA, for Respondent.


¶ 1 Benjamin Lee Smalls collaterally attacks his 2009 convictions for assault in the second degree and murder in the second degree. He seeks to withdraw his guilty pleas to both crimes and dismissal of the assault charge. Smalls's judgment and sentence shows that he was charged and convicted of assault in violation of the statute of limitations. As a result, the State concedes that the assault charge should be dismissed.

¶ 2 Smalls also...

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