State Of Washington, V. Ross Cullen Plumb ( 2021 )

Filed
Washington State
Court of Appeals
Division Two
May 11, 2021
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 53404-5-II
Respondent,
v.
ROSS CULLEN PLUMB, UNPUBLISHED OPINION
Appellant.
VELJACIC, J. — Ross Cullen Plumb appeals his judgment and sentence, arguing that the
trial court erred when it imposed interest on nonrestitution legal financial obligations (LFOs). The
State concedes that the interest accrual provision on nonrestitution LFOs should be stricken. We
accept the State’s concession and remand to the trial court to strike the provision imposing interest
from Plumb’s judgment and sentence.
FACTS
The State charged Plumb by amended information with one count of third degree assault,
and Plumb pleaded guilty. On March 13, 2019, the trial court sentenced Plumb to 60 months of
confinement. The trial court found Plumb indigent, but imposed a $500 crime victim assessment
fee and an interest accrual provision on nonrestitution LFOs. The trial court waived all other
LFOs. The interest accrual provision stated: “The financial obligations imposed in this judgment
shall bear interest from the date of the judgment until payment in full, at the rate applicable to civil
judgments.” Clerk’s Papers at 45.
53404-5-II
Plumb appeals his judgment and sentence.
ANALYSIS
Plumb argues that the trial court erroneously imposed interest accrual on the nonrestitution
LFOs. The State concedes that the nonrestitution interest accrual provision is in error and should
be stricken from Plumb’s judgment and sentence. We agree with Plumb and accept the State’s
concession.
In 2018, the legislature amended Washington’s LFO statutes to prohibit trial courts from
imposing interest accrual on nonrestitution LFOs. LAWS OF 2018, ch. 269, § 1(1). These
amendments apply prospectively. State v. Ramirez, 191 Wn.2d 732, 747, 426 P.3d 714 (2018).
RCW 10.82.090(1) now provides that “[a]s of June 7, 2018, no interest shall accrue on
nonrestitution legal financial obligations.”
Here, Plumb’s judgment and sentence was entered on March 13, 2019. The amended
version of RCW 10.82.090(1) applies to Plumb because the judgment and sentence was entered
after June 7, 2018. Ramirez, 191 Wn.2d at 747. The $500 crime victim assessment fee is a
nonrestitution LFO. Because the statute prohibits interest on nonrestitution LFOs, the boilerplate
provision imposing interest on all LFOs at the rate applicable to civil judgments is improper and
must be stricken. RCW 10.82.090(1). We remand to the trial court to strike the interest accrual
provision on nonrestitution LFOs from Plumb’s judgment and sentence.
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53404-5-II
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
Veljacic, J.
We concur:
Worswick, P.J.
Sutton, J.
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