In re the Personal Restraint of Erhart
In re the Personal Restraint of Erhart
Opinion of the Court
¶1 Toby Erhart’s judgment and sentence on multiple counts of first degree child rape and incest became final on direct appeal in 2008. In 2010, Erhart filed a personal restraint petition challenging his convictions, arguing for the first time that his constitutional right to a public trial was violated. The Court of Appeals dismissed the petition as untimely. We grant discretionary review and affirm.
FACTS
¶2 During Erhart’s trial, the court interviewed several prospective jurors privately in chambers without first conducting the courtroom closure analysis required by State v. Bone-Club, 128 Wn.2d 254, 258-59, 906 P.2d 325 (1995). The jury found Erhart guilty of multiple sex offenses, and the trial court imposed an exceptional sentence. Erhart did not raise a public trial issue on direct appeal. The Court of Appeals affirmed the convictions but reversed the exceptional sentence and remanded for resentencing. After resen-tencing, the judgment and sentence became final in 2008.
¶3 In 2010, Erhart filed a motion in superior court to vacate the judgment, arguing for the first time that his constitutional right to a public trial was violated when the superior court interviewed prospective jurors in chambers without conducting a Bone-Club analysis.
ANALYSIS
¶4 Because Erhart filed his personal restraint petition more than one year after his judgment and sentence became final, the petition is untimely under RCW 10.73.090(1) unless the judgment and sentence is facially invalid or was entered without competent jurisdiction, or unless Erhart asserts solely grounds for relief exempt from the one year limit under RCW 10.73.100. In re Pers. Restraint of Adams, 178 Wn.2d 417, 422, 309 P.3d 451 (2013). Violation of the right to a public trial does not implicate the trial court’s jurisdiction or the facial validity of the judgment and sentence for purposes of RCW 10.73.090(1). And such a claim in itself is not among the exemptions to the one-year time bar listed in RCW 10.73.100.
¶6 We affirm.
A criminal defendant’s right to a public trial is guaranteed under article I, section 22 of the Washington Constitution and the Sixth Amendment to the
The exemptions are (1) newly discovered evidence, (2) a conviction under an unconstitutional statute, (3) a double jeopardy violation, (4) insufficient evidence
Erhart’s motion to add a new claim of ineffective assistance of appellate counsel is denied. Such a claim is time barred because it falls within neither RCW 10.73.090(1) nor RCW 10.73.100. See In re Pers. Restraint of Stoudmire, 141 Wn.2d 342, 349, 5 P.3d 1240 (2000). Erhart’s motion to supplement the record with the courtroom log is denied as moot. Although the State does not oppose the motion to supplement — conceding that prospective jurors were interviewed in chambers — Erhart’s personal restraint petition is untimely even if he would have been entitled to relief had the claim been timely asserted.
Reference
- Full Case Name
- In the Matter of the Personal Restraint of Toby Alfred Erhart
- Cited By
- 4 cases
- Status
- Published