CrR 7.8(B) Motion Case
In State v. Olivera-Avila, 89 Wn. App. 313, 949 P.2d 824 (1997), Division Three also rejected a "change in the law" claim, but for a different reason, namely, that the intervening opinion simply applied settled case law to new facts.
Olivera-Avila had pleaded guilty in 1993. Id. at 316.
In August 1996, Olivera-Avila filed a CrR 7.8(b) motion with the trial court to vacate his judgment and sentence, complaining that he had not been told that mandatory community placement would be a direct consequence of his plea. Id.
When the motion was granted, the State appealed, claiming it was time barred under RCW 10.73.090, a rule expressly incorporated into CrR 7.8(b) by reference.