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STATE v. FLAHERTY

No. 29721-7-III.

271 P.3d 371 (2012)

166 Wn. App. 716

STATE of Washington, Respondent, v. Daniel Allen FLAHERTY, Appellant.

Court of Appeals of Washington, Division 3.

February 28, 2012.

Attorney(s) appearing for the Case

Marie Jean Trombley , Attorney at Law, Spokane, WA, for Appellant.

Mark Erik Lindsey , Spokane County Prosecuting Attorneys, Andrew J. Metts, III , Spokane County Pros. Offc., Spokane, WA, for Respondent.

SIDDOWAY, J.

¶ 1 RCW 10.73.090(1) provides that "[n]o [untimely collateral attack] may be filed." In this case, the superior court, having concluded that Daniel Flaherty's CrR 7.8 motion was untimely, refused to accept it for filing.

¶ 2 We conclude that the matter is not appealable and dismiss.

FACTS AND PROCEDURAL BACKGROUND

¶ 3 On November 1, 2010, Mr. Flaherty attempted to file a CrR 7.8 motion to vacate a 2005 judgment...

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