State v Blake

HAVE YOU EVER BEEN CONVICTED OF A DRUG CRIME IN SNOHOMISH COUNTY?

A recent State Supreme Court case may make your conviction invalid.

On February 25, 2021, in State v. Blake, the Washington Supreme Court held that RCW 69.50.4013(1), the Unlawful Possession of a Controlled Substance (UPCS) statute, is unconstitutional. As such, you may be eligible to have your conviction(s) vacated and return of any legal fines that you have paid and/or be resentenced on your case(s). Additionally, if you are currently serving a term of community custody due to a UPCS conviction, you may be entitled to have your term of community custody stricken. Moreover, if you are currently serving a prison sentence for a non-UPCS conviction but have a prior UPCS conviction that scored against you in your offender score, you may be entitled to a resentencing with a corrected offender score calculation.

SNOHOMISH COUNTY PUBLIC DEFENDER ASSOCIATION (SCPDA) can represent the following groups of individuals with regards to obtaining Blake relief:

Individuals who are currently in-custody who are entitled to resentencing under Blake (meaning the individual is currently in-custody serving a prison sentence AND one of their current convictions is for UPCS, Attempted UPCS or they were sentenced with an offender score that included prior UPCS convictions or attempted UPCS convictions) and could potentially be immediately* released (within 6 mo).
Individuals currently in custody or on Community Custody with additional time to serve.
Individuals Out of custody seeking to vacate their Blake-affected conviction

If you fall into any of the three categories listed above and are interested in SCPDA moving to vacate your conviction(s) and address other potential relief, please click the ‘BLAKE FORM’ button to go to the form.

*PLEASE NOTE: Due to the significant number of individuals affected by the Blake decision, priority will first be given to individuals who are in-custody and eligible for resentencing that will result in *immediate release.

Instructions for filing/submitting Motions and Orders to Vacate

Step 1: Gather Your Information: The Judgment and Sentence will provide most of the information you need to complete the required Motion to Vacate and Proposed Order. If you need to request a copy, go to the clerk’s office at 3000 Rockefeller Ave., Everett, WA 98201 or call them at 425-388-3466. The printing charge is $.25 per page for regular copies.  Certified copies of documents cost $5.00 for the first page and $1.00 for each additional page.

Step 2: Complete the Motion to Vacate and Dismiss and whichever of the two Proposed Vacate Orders is appropriate for your situation.

Step 3: E-File the Motion with the J&S attached to the back (see Snohomish County Superior Court website for filing information. https://snohomishcountywa.gov/5542/Filing-Information). You MUST serve the Motion AND the Proposed Order on the prosecutor’s office at SPA-AppealsStaff

Step 4: Utilizing the Criminal Calendar Note https://snohomishcountywa.gov/5523/Snohomish-County-Superior-Court-Forms > Calendar Note – 2022 Criminal 01.21.22

Complete the Criminal Calendar Note to calendar a hearing for the Tuesday, 8:30 Post-Conviction Calendar*. You must provide 5 days’ notice to set hearing.

Step 5: E-file the Criminal Calendar Note. Again, you MUST serve the prosecutor’s office at

SPA-AppealsStaff

The Prosecutor’s Office will compare the court calendar with matters that they have been served with. If they have been served with all documents and agree with the Motion to Vacate, they will sign the proposed order and provide it to the Judge for the calendar date. If you do not serve the prosecutor’s office, your hearing will be continued one week so you can serve them.

*NOTE: These hearings are heard without oral argument. You do NOT need to appear for this hearing. The Judge will review all proposed orders, sign and file into the court file.

You can call the clerk’s office in 2-3 weeks at 425-388-3466 to check on the status of your order.

If a judge requests oral argument, parties will be contacted by the judge’s law clerk after the Post-Conviction Motions Calendar.

Download Motion and Order Documents

Blake – Proposed Vacate Order – Some Counts Remain

Blake – Proposed Vacate Order – No Counts Remain

Blake – Motion to Vacate and Dismiss

HAVE YOU EVER BEEN CONVICTED OF A DRUG CRIME IN SNOHOMISH COUNTY?

SNOHOMISH COUNTY PUBLIC DEFENDER ASSOCIATION (SCPDA) can represent the following groups of individuals with regards to obtaining Blake relief:

Blake Refund Bureau

Apply for your Refund

Instructions for filing/submitting Motions and Orders to Vacate

Blake Refund Bureau

Apply for your Refund