In the Matter of the Personal Restraint of: Shannon Bruce Morley, 37408-4

In Aug. 2019 Morley escaped from work release while hospitalized; he was arrested hours later after crashing a stolen car. The State charged him with first degree escape (63–84 months exposure).
Morley planned an involuntary intoxication defense and had retained an expert, but before trial he agreed to plead to an amended information charging felony third degree escape in exchange for the State recommending 90 days.
At the Feb. 21, 2020 plea hearing Morley signed a written plea statement, acknowledged reading it and his criminal history, and pleaded guilty; the court accepted the plea and sentenced him to 90 days concurrent.
Morley filed a personal restraint petition within a week of sentencing arguing the court lacked a factual basis to accept a felony third degree escape plea because he had no prior escape convictions (arguing the conviction should be misdemeanor under RCW 9A.76.130).
The court later amended the sentence to credit for time served and Morley was released; the petition challenges the validity of the felony plea and seeks entry of misdemeanor judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court could accept a felony third degree escape plea when facts showed no prior escape convictions	Morley: no prior escape convictions; therefore no factual basis for felony third degree escape and plea invalid	State: a plea to an amended charge is permissible under Barr if there is a factual basis for the original charge	Court: Error—trial court did not perform the Barr colloquy and thus accepted a plea lacking required explanation, but error occurred (not fatal without prejudice)
Whether the plea error caused constitutional prejudice entitling Morley to relief or a change to the plea terms	Morley: asks for reversal to misdemeanor judgment (practical remedy)	State: petitioner must show he would have refused the plea and insisted on trial; he has not shown that	Court: No actual and substantial prejudice shown; Morley likely would not have gone to trial and return of misdemeanor judgment (modifying plea) is not available relief; petition dismissed

In re Pers. Restraint of Cook, 114 Wn.2d 802 (1990) (establishes two-part test: constitutional error and actual substantial prejudice required for relief)
In re Pers. Restraint of Barr, 102 Wn.2d 265 (1984) (permits pleading to an amended charge lacking its own factual basis if factual basis exists for the original charge)
State v. Bao Sheng Zhao, 157 Wn.2d 188 (2006) (a valid Barr plea requires that the plea be knowing and voluntary and that the record show a factual basis for the original charge)
State v. Buckman, 190 Wn.2d 51 (2018) (prejudice in guilty plea context requires showing defendant likely would have refused plea and insisted on trial)