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IN RE McKIEARNAN

No. 81102-4.

203 P.3d 375 (2009)

In the Matter of the Personal Restraint of Michael W. McKIEARNAN, Appellant.

Supreme Court of Washington, En Banc.

Decided March 19, 2009.

Attorney(s) appearing for the Case

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

Janice Elizabeth Ellis, Snohomish County Prosecutor's Office, Seth Aaron Fine, Attorney at Law, Everett, WA, for Respondent(s).

CHAMBERS, J.

¶ 1 In 1987, Michael McKiearnan pleaded guilty to first degree robbery. Both the plea agreement and the judgment and sentence form stated that the maximum sentence that McKiearnan could receive was "twenty (20) years to life imprisonment," when in fact the actual statutory maximum was simply life imprisonment. Mot. for Discretionary Review, App. B, Statement of Def. on Plea of Guilty at 1. McKiearnan argues that the judgment and sentence is facially...

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