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STATE v. LEININGER

No. 60717-1-I.

STATE OF WASHINGTON, Respondent, v. RUSSELL LEININGER, Appellant.

Court of Appeals of Washington, Division One.

Filed: December 29, 2008

Attorney(s) appearing for the Case

Counsel for Petitioner(s), Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA, 98101.

Vanessa Mi-jo Lee, Attorney at Law, 1511 3rd Ave Ste 701, Seattle, WA, 98101-3647.

Russell Charles Leininger (Appearing Pro Se).

Counsel for Respondent(s), David Stuart Mc Eachran, Whatcom Co Courthouse, 311 Grand Ave, Bellingham, WA, 98225-4048.

Hilary A. Thomas, Whatcom County Prosecutors Office, 311 Grand Ave Ste 201, Bellingham, WA, 98225-4038.

UNPUBLISHED OPINION

PER CURIAM.

Russell Leininger filed a CrR 7.8 motion to vacate his 1992 conviction for first degree rape. The trial court denied the motion as untimely under RCW 10.73.090, and Leininger appealed. But the applicable version of CrR 7.8(c) required the trial court to transfer the untimely motion to the Court of Appeals for consideration as a personal restraint petition. Accordingly, we vacate the trial court's denial of Leininger's motion...

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