10.73.090 - Collateral attack -- One year time limit. - Washington Statutes

Collateral attack — One year time limit.

(1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.

     (2) For the purposes of this section, "collateral attack" means any form of postconviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a habeas corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trial, and a motion to arrest judgment.

     (3) For the purposes of this section, a judgment becomes final on the last of the following dates:

     (a) The date it is filed with the clerk of the trial court;

     (b) The date that an appellate court issues its mandate disposing of a timely direct appeal from the conviction; or

     (c) The date that the United States Supreme Court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final.

[1989 c 395 § 1.]