State v. Blake

STATE V. BLAKE

On February 25, 2021, the Washington State Supreme Court vacated the felony possession of controlled substance statute in State v. Blake, affecting possession of controlled substance cases dating back to 1971. Our office is gathering information to assist Defendants who may be entitled to relief as a result of this court decision. If you believe you are entitled to relief under this court decision, please complete all the information fields in the form below. If you are eligible, cases will be reviewed and processed in the order in which they were received. Failure to provide complete information will delay or prevent completion of processing. A valid email address is required as any completed forms or documents filed with the court will be sent to the email address provided. 

There are still many unknowns at present time and we are still working out determinations and the process for which refunds for any applicable court costs, fines, and fees. If a drug charge was included with other criminal charges on the same cause number, this will likely affect eligibility for a refund. You may either be eligible for a lesser amount or no refund at all depending on the assessed charges. 

Please be aware that on older offenses, such charges may not appear in computer databases or other sources of publicly available information due to the age of the charge(s). When new documents are filed with the court, these documents will become either a public record or a court record. 

General Instructions

IMPORTANT: Complete this Confirmation of Address form first. If you are eligible for any paid fines to be refunded to you, you must provide the Court with a current mailing address.

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.

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 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 (Possession 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 (Resentencing Request).

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

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:

Robert O’Neal Gower, Attorney 

OR #206283/WA #40109

Gower Law Office

P.O. Box 92127

Portland, OR 97292

(971) 369-0321

rg@rgowerlaw.com