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The Washington Supreme Court’s recent opinion in State v. Blake, Cause No. 96873-0 (Feb. 25, 2021), held that RCW 69.50.4013 and its predecessor statutes (collectively “RCW 69.50.4013” or “simple possession”) are unconstitutional. This has resulted in an unprecedented number of post-conviction motions for relief. Please be advised that the King County Prosecuting Attorney’s Office is attempting to respond to a large number of inquiries, and we realize that all inquiries are important. We are giving priority to those requests from individuals currently in custody who are likely to be released within the next 0-180 days based upon a change to their offender score and sentencing range.

You may send your request to us at any time, but please be advised that due to the extreme volume you will not get an immediate response for less time-sensitive requests. Send requests to: PAOBLAKEREQUEST@kingcounty.gov.

In order to help us act quickly on the most urgent cases, in the subject line of your email please include:

  1. The name and cause number;
  2. Whether the request is for re-sentencing or dismissal;
  3. And—please indicate “urgent” if release from custody or community custody is immediate.

Please be aware:


  • We are constantly working to get through all requests.

  • For most requests, we are likely to agree to amend the Judgment and Sentence without a hearing.

  • If a hearing is required, we are trying to limit the inconvenience to defendants by coordinating with Department of Corrections to hold hearings virtually.

  • We cannot provide you with any legal advice. If you need legal advice, please contact your attorney or contact the King County Department of Public Defense to screen for an attorney. Due to the complex legal nature of the re-sentencing requests, we cannot respond to pro-se requests for resentencing at this time. If you are pro-se, please contact an attorney.

  • If you want to seek appointment of counsel for Blake related issues please visit the King County Department of Public Defense website for more information: https://kingcounty.gov/depts/public-defense.aspx.

  • If you are a victim of a case affected by the Blake decision and have further questions, please also email us at PAOBLAKEREQUEST@kingcounty.gov and let us know that you are a victim. The KCPAO is attempting to notify victims of re-sentencings.

How to submit a Blake related request to the KCPAO


In order to help us prioritize your request and respond as quickly as possible, please fill out the Blake Request Form found below and attach all necessary documents. We cannot review your request until we have this information. Once a completed request is received, we can add it to a queue for review by a DPA. Incomplete requests and missing documents will delay our ability to respond to your request.

In addition to the documents requested, please include completed proposed orders where applicable.


Required Forms

Document Name File Link
Blake Request Form Microsoft Word file
Dismissal for a VUCSA Possession case that only includes Blake related counts Microsoft Word file
Dismissal in a VUCSA Possession case that has multiple counts that include non-VUCSA crimes, and one (or more) Blake/VUCSA counts Microsoft Word file
Agreed order to amend the Judgment and Sentence to correct the offender score, standard range, and sentence (for use by licensed attorney only) Microsoft Word file

Once all forms and documentation have been completed, email forms and attachments to: PAOBLAKEREQUEST@kingcounty.gov

Once again, in order to help us act quickly on the most urgent cases, in the subject line of your email please include:

  1. The name and cause number;
  2. Whether the request is for re-sentencing or dismissal;
  3. And—please indicate “urgent” if release from custody or community custody is immediate.

King County Prosecutor
Dan Satterberg
Read Dan's Biography

Phone:
206-477-1200
Email:
Prosecuting.Attorney@kingcounty.gov

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