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Code · Washington · Title 10 — Criminal Procedure · Chapter 10.73

RCW 10.73.090

208 words·~1 min read·/wa/title-10/chapter-10-73/10-73-090·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 s 1 .]
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