Appellant. FILED: December 16, 2013
Schindler, J. — William Hall Carney contends that under State v. Jones, 99
Wn.2d 735, 664 P.2d 1216 (1983), he is entitled to dismissal of the 1982 conviction of
arson in the first degree, the acquittal by reason of insanity and order of civil
commitment, and the 2011 order revoking his conditional release. Because Jones does
not apply retroactively, we affirm the decision to dismiss Carney's collateral attack of the
1982 conviction and order of commitment, and the 2011 order revoking his conditional
release.
FACTS
On March 31, 1982, police responded to a report of a disturbance at the
apartment ofWilliam Hall Carney. Carney had barricaded himself inside and was
fanning the flames of a fire in the apartment. Fire investigators concluded the fire was
deliberately set by using a match to ignite combustible material in the apartment.
No. 68168-1-1/2
On April 1, 1982, the State charged Carney with arson in the first degree. On
April 5, the court entered a 15-day order of commitment to the Department of Social and
Health Services (DSHS) at Western State Hospital (WSH) to evaluate Carney and
determine whether he was competent to stand trial. On April 23, a WSH psychologist
reported Carney was "psychotic," "responding to auditory hallucinations," and not
competent to stand trial. The court granted the request for a 90-day extension of the
commitment.
On May 19, the WSH psychiatrist filed a report with the court stating that Carney
had "slowly improved" with treatment and was competent to stand trial. The psychiatrist
states Carney's paranoid schizophrenia is "now in fair remission."