STATE v. CERVANTES

No. 29595-8-III.

282 P.3d 98 (2012)

169 Wn. App. 428

STATE of Washington, Respondent, v. Miguel Gomez CERVANTES, a/k/a Miguel Cervantes Valdovines, Appellant.

Court of Appeals of Washington, Division 3.

July 12, 2012.


Attorney(s) appearing for the Case

Nicholas Wright Marchi , Carney & Marchi PS, Seattle, WA, for Appellant.

Frank William Jenny II , Attorney at Law, Pasco, WA, for Respondent.

Ann E. Benson , Travis Stearns , WA Defenders Assoc., Seattle, WA, Amicus Curiae on behalf of Washington Defender Association, Amicus Curiae on behalf of Washington Association of Crim., Amicus Curiae on behalf of the Northwest Immigrant Rights P., Amicus Curiae on behalf of Oneamerica, Amicus Curiae on behalf of Fred T. Korematsu Center for Law and Amicus Curiae on behalf of Washington Chapter of American I.


BROWN, J.

¶ 1 Seeking to avoid immigration consequences, Miguel Gomez Cervantes (a/k/a Miguel Cervantes Valdovines)1 appealed the trial court's denial of his November 2010 motion to vacate his 1994 judgment and sentence. The trial court denied his motion to vacate because it had previously vacated the offense at his request in 2005 under RCW 9.94A.640 after he had served his sentence. We reason...

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