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State v. Ross

March 24, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
DAVID ROSS, PETITIONER.



Date first document (petition, etc) was filed in Court of Appeals: 04/12/95.

PER CURIAM. David Ross has filed a personal restraint petition seeking relief from his confinement for two counts of first degree robbery and one count of second degree murder. He contends his convictions should be reversed and dismissed because he received ineffective assistance of counsel. Specifically, he contends his counsel was ineffective in advising him to plead guilty despite the fact that his speedy trial period expired before the plea hearing. We deny the petition.

FACTS

The State charged petitioner with first degree murder, first degree rape, indecent liberties and five counts of first degree robbery. A series of continuances ultimately extended the trial date to January 31, 1990.

The speedy trial expiration date was set for February 7, 1990.

On February 12, five days after the speedy trial period expired, petitioner pleaded guilty to two counts of first degree robbery and one count of second degree murder. In exchange, the State dismissed the other charges.

At the plea hearing, the court and counsel confirmed petitioner's understanding of the plea and the rights he was waiving. Moments after he entered his plea, petitioner had the following Discussion with his counsel:

Ross: You know something that's real funny, Leen?

Leen: What's that?

Ross: My speedy trial expiration date was last Wednesday.

Leen: [Unintelligible]. Your expiration date is the 14th.

Ross: The last time we was in this courtroom, the lady that was appearing for [the State] agreed to the 7th.

Leen: You might have agreed to seven days after that. The trial date was the 7th.

Ross: No, the trial date was the 31st.

Leen: Well then that would make sense. It would be fourteen days after ...


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