[DOWNLOAD] "Washington v. Warriner" by Department Two Supreme Court of Washington * Book PDF Kindle ePub Free
eBook details
- Title: Washington v. Warriner
- Author : Department Two Supreme Court of Washington
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Each of the petitioners in these cases has been found to be a habitual criminal, pursuant to RCW 9.92.090. In each case, the habitual criminal finding is based upon one or more prior felony convictions obtained by way of guilty pleas. The primary issue in each case is whether the State has met its burden, under State v. Holsworth, 93 Wash. 2d 148, 607 P.2d 845 (1980), of proving the validity of the prior guilty pleas. The petitioner in each case contends that the State failed to meet this burden because the State did not show that each prior plea was entered after knowing waiver of the petitioners right to remain silent. In separate decisions, Division One of the Court of Appeals affirmed the habitual criminal findings and sentences, holding the prior guilty pleas to be "voluntary." We deferred consideration of the petitions for review of these decisions pending State v. Chervenell, 99 Wash. 2d 309, 662 P.2d 836 (1983). On August 12, 1983, we granted all four petitions for review. We now reverse the Court of Appeals decisions, vacate the habitual criminal findings, and remand the causes for resentencing.