RCW 10.73.100Collateral attack—When one year limit not applicable.The time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds:(1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;(4) The defendant pleaded not guilty and the evidence introduced at trial was insufficient to support the conviction;(5) The sentence imposed was in excess of the court's jurisdiction;(6) A motion for a modification of conditions of community custody pursuant to RCW 9.94A.703 and 9.94A.709; or(7) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal or civil proceeding instituted by the state or local government, and either the legislature has tive or procedural, which is material to the conviction, sentence, or other order entered in a criminal or civil proceeding instituted by the state or local government, and either the legislature has expressly provided that the change in the law is to be applied retroactively, or a court, in interpreting a change in the law that lacks express legislative intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the changed legal standard.[ 2024 c 118 s 8; 1989 c 395 s 2.]NOTES:Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.
Washington Legal Code