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STATE v. FLAHERTY

No. 87751-3.

296 P.3d 904 (2013)

177 Wn.2d 90

STATE of Washington, Respondent, v. Daniel Allen FLAHERTY, Petitioner, Hugh Andrew Shawgo, Defendant.

Supreme Court of Washington, En Banc.

March 14, 2013.

Attorney(s) appearing for the Case

Marie Jean Trombley , Attorney at Law, Graham, WA, for Petitioner.

Andrew J. Metts III , Spokane County Pros Office, Spokane, WA, for Respondent.

PER CURIAM.

¶ 1 Daniel Flaherty attempted to file a CrR 7.8 motion to vacate his 2005 conviction with the Spokane County Superior Court. The court refused to file the motion, deeming it untimely. Flaherty appealed, and the Court of Appeals dismissed the appeal by opinion, approving of the practice of refusing to file untimely CrR 7.8 motions. We reverse and remand with directions to file Flaherty's motion and process it in accordance with CrR 7.8(c)(2).

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