State of Washington v. Tony L. Boyer ( 2019 )

FILED
SEPTEMBER 24, 2019
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, )
) No. 36327-9-III
Respondent, )
)
v. )
)
TONY L. BOYER, ) UNPUBLISHED OPINION
)
Appellant. )
KORSMO, J. — Tony Boyer’s appeal challenges the imposition of three legal
financial obligations (LFOs). The State concedes the issue. We remand with direction to
strike the noted LFOs.
PROCEDURAL HISTORY
Mr. Boyer entered guilty pleas on July 25, 2018, to one count of felony violation
of a no contact order and one count of witness tampering and was sentenced the
following month. The court imposed financial obligations called for in the plea
agreement, including a $200 criminal filing fee, $385 in sheriff’s service fees, and a $100
DNA collection fee.
No. 36327-9-III
State v. Boyer
On appeal to this court, Mr. Boyer argues that the noted LFOs were erroneously
imposed. A panel considered his appeal without hearing argument.
ANALYSIS
In light of the State’s concession, little need be stated here. After the crimes
involved here were committed, but before the guilty pleas and sentencing, the legislature
amended the statutes governing imposition of financial obligations on criminal
defendants. In State v. Ramirez, 191 Wash. 2d 732, 426 P.3d 714 (2018), the Washington
Supreme Court ruled that the amendments were retroactive and applied to all sentencings
that were not final on the effective date of the new legislation, June 7, 2018. LAWS OF
2018, ch. 269.
Because the amendments were in effect at the time of sentencing and applied
retroactively to unadjudicated offenses, they governed Mr. Boyer’s case. The State
agrees that a DNA collection fee previously had been assessed against Mr. Boyer. As a
result of the 2018 amendments, the trial court erred in assessing a new DNA fee.
The filing and service fees are discretionary costs that cannot be imposed on
indigent offenders. The State agrees that Mr. Boyer meets the indigency requirements
established in RCW 10.101.010(3)(a)-(c). Accordingly, the trial court lacked authority to
impose these two fees.
2
No. 36327-9-III
State v. Boyer
The case is remanded to the Asotin County Superior Court with directions to strike
the three noted financial obligations.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
WE CONCUR:
lA�,v- W �'IN\_\�
Lawrence-Berrey, .J.
1
c.. � •
Siddoway, J.
3