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IN RE CARTER

No. 37048-4-II.

230 P.3d 181 (2010)

154 Wash.App. 907

In re Personal Restraint Petition of Ernest CARTER, Petitioner.

Court of Appeals of Washington, Division 2.

March 9, 2010.

Attorney(s) appearing for the Case

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

Michelle Luna-Green, Pierce Co. Pros. Attorney, Tacoma, WA, for Respondent.

ARMSTRONG, J.

¶ 1 Ernest Carter1 contends in this personal restraint petition that his rights to due process and a fair trial were violated during his 1998 trial on two counts of first degree robbery when he appeared in shackles visible to at least one juror. He also contends that his persistent offender sentence is unlawful because his California assault conviction is not comparable to a...

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