Washington v. Buckman

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Brian Buckman pleaded guilty to second degree rape of a child. After sentencing, Buckman learned that he had been misinformed of the sentencing range that applied to him. Based on this misinformation, Buckman sought to withdraw his plea as involuntary. Because Buckman's motion to withdraw was a collateral attack on his judgment and sentence, he had to show that his plea was involuntary, and actual and substantial prejudice resulting from that error. The Washington Supreme Court concluded Buckman's plea was involuntary because he was misinformed that he might be sentenced to life in prison despite the fact that the statute provided that a sentence of life in prison could not apply to a 17-year-old (Buckman's age at the time of the offense). But the Court also held he was not entitled to withdraw his plea because he failed to show that the misinformation provided at the time of his plea caused him actual and substantial prejudice. As a result, the Supreme Court denied the motion to withdraw and remanded for resentencing only. View "Washington v. Buckman" on Justia Law