Defected Guilty Plea Example
In In re Personal Restraint of Barr, 102 Wn.2d 265, 684 P.2d 712 (1984), the petitioner pleaded "guilty" to a reduced charge of indecent liberties in exchange for dismissal of one charge of second degree statutory rape and one charge of third degree statutory rape.
the parties to the plea agreement incorrectly believed the indecent liberties statute required the victim to be 14-years-old or less.
However, the statute actually read "less than 14." Barr, 102 Wn.2d at 267.
In his personal restraint petition, petitioner challenged the validity of his plea because he was not told of a critical element of the charge.
In rejecting his claim, this court upheld his plea as both voluntary and intelligent because he "was fully aware that the State's information alleging indecent liberties was potentially defective.
The plea bargain, with its factually suspect information, was completely disclosed to the trial court." Id. at 270.
The Court concluded the petitioner was not misled by the defect before entering the plea agreement.