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IN RE CARTER

No. 84606-5.

263 P.3d 1241 (2011)

In the Matter of the Personal Restraint of Ernest A. CARTER, Respondent.

Supreme Court of Washington, En Banc.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Melody M. Crick , Pierce County Prosecutor's Office, Tacoma, WA, for Petitioner.

Jeffrey Erwin Ellis , Oregon Capital Resource Center, Portland, OR, for Respondent.

FAIRHURST, J.

¶ 1 The State appeals the reversal of Ernest A. Carter's1 sentence. The Court of Appeals applied the actual innocence doctrine to hear Carter's untimely personal restraint petition (PRP) and held that Carter was erroneously sentenced as a persistent offender under the Persistent Offender Accountability Act (POAA) of the Sentencing Reform Act of 1981, chapter 9.94A RCW. We reverse and remand because the Court of Appeals...

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