Washington v. Waller (Majority)
Annotate this CaseIn this case, the superior court did not clearly state that it was “arresting or vacating” Respondent Anthony Waller’s judgment, or even granting his motion, in its first order on his CrR 7.8 motion. Instead, it skipped straight ahead to ordering a resentencing hearing. This case presented a question about the application of RAP 2.2(b)(3) in this unusual context: Does a series of superior court orders retaining jurisdiction of a CrR 7.8 motion, scheduling a resentencing hearing, ordering the prisoner transported for that resentencing hearing, and clarifying that the first order did indeed grant the CrR 7.8 motion, amount to granting the motion and “vacating” the old sentence within the meaning of RAP 2.2(b)(3)? The Washington Supreme Court held that it did, and reversed the Court of Appeals. "[W]hen a superior court receives a CrR 7.8 motion, it should follow the CrR 7.8(c) procedures. Pursuant to those procedures, the court should ordinarily hold a show cause hearing before granting relief."
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