Opinion
No. 100958-5
08-16-2022
In the MATTER OF the Personal Restraint of: Julian Lee YOUNG, Petitioner.
RULING DENYING REVIEW
¶1 In 2014 Julian Young pleaded guilty in Kitsap County Superior Court to first and second degree robbery while armed with a deadly weapon and first degree unlawful possession of a firearm, for which he received a jointly-recommended exceptional prison sentence of 258 months. The judgment and sentence became final when entered. In 2017 Young filed a motion in superior court challenging his sentence on the basis the court failed to consider the mitigating circumstances of his relative youth (he was 20 when he committed the crimes). That court transferred the motion to Division Two of the Court of Appeals for treatment as a personal restraint petition, and in a published opinion, the court dismissed the petition as untimely. In re Pers. Restraint of Young , 21 Wn. App. 2d 826, 508 P.3d 687 (2022). Young now seeks this court's discretionary review.
¶2 Because Young filed this personal restraint petition more than one year after the judgment and sentence became final, the petition is untimely unless the judgment and sentence is facially invalid or was entered without competent jurisdiction, or unless Young asserts solely grounds for relief exempt from the time limit under RCW 10.73.100. RCW 10.73.090 ; In re Pers. Restraint of Stoudmire , 141 Wn.2d 342, 348-49, 5 P.3d 1240 (2000). Young urges that his petition is exempt from the time limit on the basis of material and retroactive changes in the law represented by this court's decisions in State v. Houston-Sconiers , 188 Wn.2d 1, 391 P.3d 409 (2017), and In re Personal Restraint of Monscke , 197 Wn.2d 305, 482 P.3d 276 (2021). But Houston-Sconiers is immaterial to Young because it applies only to juvenile offenders, and Monschke is immaterial because it only applies to mandatory life sentences, not discretionary sentences of less than life like Young's. In re Pers. Restraint of Kennedy , No. 99748-9, slip op. at 27 n.5, 27-29 (Wash. July 28, 2022), https://www.courts.wa.gov/opinions/pdf/997489.pdf; In re Pers. Restraint of Davis , No. 98340-2, slip op. at 8-9 (Wash. Aug. 11, 2022), https://www.courts.wa.gov/opinions/pdf/983402.pdf. The Court of Appeals therefore correctly held that Young's petition is not exempt from the time limit.
¶3 The motion for discretionary review is denied.