Court of Appeals Division I
State of Washington

Opinion Information Sheet

			

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter of the Personal        )
Restraint of:                        )      No. 67097-2-I
                                     )
                                     )
JOSEPH ALBERT PELTIER,               )      DIVISION ONE
                                     )      UNPUBLISHED OPINION
                      Petitioner.    )
                                     )      FILED:  February 13, 2012

       PER CURIAM.  Joseph Peltier has filed a personal restraint petition challenging 

his conviction of third degree rape and indecent liberties in Snohomish County Superior 

Court No. 02-1-01945-0 SEA.  He claims that the crimes were charged after the statute 

of limitations had expired.  In order to obtain collateral relief by means of a personal 

restraint petition, Peltier must demonstrate either an error of constitutional 

magnitude that gives rise to actual prejudice or a nonconstitutional error that 

inherently results in a "complete miscarriage of justice."  In re Pers. Restraint of 

Cook, 114 Wn.2d 802, 813, 792 P.2d 506 (1990).  Although his judgment and 

sentence became final in February 2004 when filed in the trial court, Peltier claims 

that his petition is not subject to the time bar of RCW 10.73.090 because the 

judgment and sentence is invalid on its face.  RCW 10.73.090(3)(a); RCW 

10.73.090(1); In re Pers. Restraint of Goodwin, 146 Wn.2d 861, 866, 50 P.3d 618 

(2002).

       The State initially charged Peltier with second degree rape based on  

No. 67097-2-I/2

incidents occurring in 1993 and with child molestation based on a 2001 incident.  In 

2003, Peltier stipulated to facts and agreed to a bench trial on an amended 

information charging third degree rape and indecent liberties based on incidents 

occurring in 1993 and 1995.  As part of the stipulation, Peltier agreed not to 

challenge his convictions.  However, the stipulation does not address the applicable 

statute of limitations.

       The State concedes that third degree rape and indecent liberties are subject 

to the three-year statute of limitations.  RCW 9A.04.080(1)(h).  The State also 

concedes that when a crime is barred by the statute of limitations, the resulting 

judgment is invalid on its face and the time bar of RCW 10.73.090 does not apply.  

In re Pers. Restraint of Stoudmire, 141 Wn.2d 342, 353-54, 5 P.3d 1240 (2000).  

Because the statute of limitations barred prosecution here, the sentencing court 

exceeded its authority and Peltier's restraint on these charges resulted in a complete 

miscarriage of justice.  Id.  at 355.

       We accept the State's concession, grant the petition, vacate Peltier's 

convictions for third degree rape and indecent liberties, and remand for dismissal of 

the charges.  

       Granted.

                                 For the court:

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No. 67097-2-I/3

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