Clark plead to two counts of second degree robbery in 1998. The agreement stated he would serve one year of community placement, something which actually wasn’t statutorily authorized for his crimes. Though this was a bit beyond the one year limit on PRPs, he argues that the judgment and sentence is invalid on its face, allowing avoidance of the one year limit.
So is it invalid on its face? No:
The question is not, however, whether the plea documents are facially invalid, but rather whether the judgment and sentence is invalid on its face.” Hemenway, 147 Wn.2d at 533.
Here, Clark’s judgment and sentence is not invalid on its face. Clark asserts that the judgment and sentence is invalid on its face because it contains a term ofcommunity custody that is not authorized by statute. However, the judgment and sentence, as originally written, did not include a term of community placement.3
Tags: Judgment, Personal Restraing Petition, Plea Agreements, PRP, Sentence
