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State v. Johnson

October 28, 1996

STATE OF WASHINGTON, (CONSOL. WITH CAUSE RESPONDENT,
v.
LOUIS HARRY JOHNSON, APPELLANT.



Appeal from Superior Court of King County. Docket No: 94-1-02593-3. Date filed: 05/15/95. Judge signing: Hon. George T. Mattson.

PER CURIAM. Louis Johnson entered an Alford *fn1 plea to the charge of felony violation of a no-contact order. RCW 10.99.050(2). But the anti-harassment order was entered in an anti-harassment proceeding in district court in October 1993, prior to the Constitutional amendment granting district courts the jurisdiction to hear such an equitable proceeding. The district court did not have jurisdiction to enter the no-contact order which was void ab initio, and Johnson may attack the lack of jurisdiction now. State v. Brennan, 76 Wash. App. 347, 356, 884 P.2d 1343 (1994). The State concedes that the no-contact order is void and therefore Johnson is entitled to withdraw his guilty plea.

The concession is accepted. The judgment and sentence is reversed and this matter is remanded to the trial ...


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