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State v. Martin

August 14, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
JON W. MARTIN, APPELLANT.



Appeal from Superior Court of King County. Docket No: 45074. Date filed: 04/10/96. Judge signing: Hon. Brian D. Gain.

Petition for Review Denied May 7, 1997,

PER CURIAM. -- Jon Martin seeks review of a post-trial "Order on Criminal Motion" signed by the King County Superior Court on April 10, 1996, in which the court refused to consider several challenges to Martin's 1967 conviction of first degree kidnapping. On August 14, 1996, a commissioner of this court granted a court's motion to dismiss Martin's appeal for failure to pay a filing fee. Martin has since moved to modify the commissioner's ruling on the ground that he was unable, by reason of poverty, to pay that expense. Having considered the motion, a panel of this court finds that Martin is indigent and therefore grants the motion to modify. But Martin previously filed a personal restraint petition challenging the same 1967 kidnapping conviction on similar grounds. He is not, therefore, entitled to any post conviction relief in this court or the trial court. See RCW 10.73.140; State v. Brand, 120 Wash. 2d 365, 842 P.2d 470 (1993). We therefore accelerate review of the matter pursuant to RAP 18.12 and dismiss the appeal.

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