Opinion
No. 83869–1.
2012-05-23
In re the Personal Restraint of Parris MILLER, Petitioner.
ORDER
¶ 1 Department Two of this Court, composed of Chief Justice Madsen, and Justices Chambers, Fairhurst, Stephens, and Gonzalez, considered Mr. Miller's motion to modify at its April 24, 2012, Motion Calendar, and based upon the unique procedural history of this case and other equitable considerations, unanimously agreed the following Order be entered:
¶ 2 IT IS ORDERED:
(1) The one-year time limit on collateral attack is tolled.
(2) The motion to modify is granted.
(3) The personal restraint petition is granted and the matter is remanded to the superior court to correct Mr. Miller's offender score and resentence him accordingly.
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE