STATE v. BLAKE RULING INFORMATION

In February 2021, the Supreme Court of the State of Washington declared that RCW 69.50.4013(1) was unconstitutional.

If you were convicted under this statute or a preceding statute related solely to the unlawful possession of a controlled substance, you may be eligible to have your sentence for that crime vacated.

If you were sentenced to another felony and your sentence was based on an offender score including a vacated conviction, you also may be eligible for re-sentencing.

Can an attorney be appointed to help me in my case?

Yes! You have the right to have counsel appointed and we strongly encourage you to have legal counsel to assist you.

General Instructions

For your case to be addressed by the court, you must notify the court of your request in writing. Complete a separate form for each cause number for which you are requesting relief.

*You must provide a copy of your motion to the Skamania County Prosecutor’s Office before filing with the court.

Simple Possession refers to a conviction for RCW 69.50.4013(1) from 2003 to the present, or of RCW 69.50.401(d) from 1979 to 2003, or of RCW 69.50.401(c) from 1971 to 1979.

Fill out each form completely and accurately. Failure to provide complete information may delay consideration of your petition. Criminal history information may be obtained from Washington State Patrol.

If you are requesting an attorney be appointed at public expense, please complete an affidavit of indigency and attach it to your motion. Motion-for-Counsel-Blake

If you have a cause number on which you were convicted of one or more counts of Simple Possession, and no other crimes:

Please use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Poss Only).

If you have a cause number on which you were convicted of one or more counts of Simple Possession, AND other crimes:

If you are currently in custody, please use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Resent Rqst)

Otherwise use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (No Resent).

If you have a cause number on which you were convicted of crimes OTHER THAN Simple Possession, but your offender score was based on prior convictions for Simple Possession:

Please use the form marked Motion for Resentencing Pursuant to State v. Blake (Offender Score Recalculation)

How can I find an attorney to assist me?

The following attorneys are available to assist with Blake ruling cases:

Christopher Lanz                  Todd Pascoe                      Peter S. Banks

PO Box 1116                         1104 Main St., Ste 200     PO Box 3             

White Salmon, WA  98672   Vancouver, WA  98660    Stevenson, WA 98648                  

(509) 493-2921                      (360) 696-4495                  (360) 558-2676