In re Personal Restraint of Barr
In In re Personal Restraint of Barr, 102 Wn.2d 265, 684 P.2d 712 (1984) petitioner Barr pleaded guilty to one count of indecent liberties, and the prosecutor agreed not to charge Barr with any other offenses. Id. at 267. All parties to the plea agreement mistakenly believed the indecent liberties statute required the victim to be 14 years old or less, whereas the statute actually says less than 14. Id.
In a PRP Barr claimed his plea was invalid because, among other things, it was not knowing and voluntary since he was not informed of a critical element of the charge. Id. at 266.
The court rejected his argument and found that his plea was 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." Barr, 102 Wn.2d at 270-71.