State v. Blake motions for vacation and resentencing
In February 2021, the Supreme Court of the State of Washington declared that RCW 69.50.4013(1) was unconstitutional.
If you were convicted under this statute or a preceding statute related solely to the unlawful possession of a controlled substance, you may be eligible to have your sentence for that crime vacated.
If you were sentenced to another felony and your sentence was based on an offender score including a vacated conviction, you also may be eligible for resentencing.
For your case to be addressed by the court, you must notify the court of your request in writing. Complete a separate form for each cause number for which you are requesting relief.
For the purposes of this document and the attached forms, Simple Possession refers to a conviction for RCW 69.50.4013(1) from 2003 to the present, or of RCW 69.50.401(d) from 1979 to 2003, or of RCW 69.50.401(c) from 1971 to 1979.
Fill out each form completely and accurately. Failure to provide complete information may delay consideration of your petition. Criminal history information may be obtained from the Washington State Patrol.
If you are requesting an attorney be appointed at public expense, fill out an affidavit of indigency and attach it to the motion.
Please make sure the court has your current mailing address.
You must provide a copy of your motion to the Chelan County Prosecutor’s Office before filing with the court.
If you have questions regarding how to prepare or submit these forms, please call the Counsel for Defense of Chelan County at 509-663-2444.
Forms to Use
If you have a cause number on which you were convicted of one or more counts of Simple Possession, and no other crimes:
Please use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Simple Possession Only).
If you have a cause number on which you were convicted of one or more counts of Simple Possession, AND other crimes:
If you are currently in custody, please use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Other Counts – Resentencing Requested).
Otherwise use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Other Counts – No Resentencing).
If you have a cause number on which you were convicted of crimes OTHER THAN Simple Possession, but your offender score was based on prior convictions for Simple Possession:
Please use the form marked Motion for Resentencing Pursuant to State v. Blake (Offender Score Recalculation).
Last Updated: 01/10/2022 10:36 AM