State Of Washington v. Jose Carlos Sanchez-ruiz ( 2017 )

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, No. 74206-0-
Respondent,
v. UNPUBLISHED OPINION
JOSE CARLOS SANCHEZ-RUIZ,
Appellant. FILED: January 30, 2017
Schindler, J. — A jury convicted Jose Carlos Sanchez-Ruiz of one count of
domestic violence assault in the second degree by strangulation in violation of RCW
9A.36.021(1)(g) and RCW 10.99.020. The court waived imposition of all discretionary
legal financial obligations (LFOs) except the $100 domestic violence penalty under
RCW 10.99.080(1). Sanchez-Ruiz argues the court violated RCW 10.01.160(3) by
imposing the discretionary domestic violence penalty without making an individualized
inquiry into his ability to pay.
RCW 10.01.160(3) states:
The court shall not order a defendant to pay costs unless the defendant is
or will be able to pay them. In determining the amount and method of
payment of costs, the court shall take account of the financial resources of
the defendant and the nature of the burden that payment of costs will
impose.
In State v. Blazina. 182 Wash. 2d 827, 837-38, 344 P.3d 680 (2015), the Supreme Court
held that RCW 10.01.160(3) requires the sentencing court to engage in an
No. 74206-0-1/2
individualized inquiry on the record into the defendant's current and future ability to pay
before imposing discretionary LFOs.
RCW 10.99.080(1) gives the court the discretion to impose a domestic violence
penalty assessment. RCW 10.99.080(1) states, in pertinent part:
All superior courts, and courts organized under Title 3 or 35 RCW, may
impose a penalty assessment not to exceed one hundred dollars on any
adult offender convicted of a crime involving domestic violence.[1]
The State concedes the court did not make an individualized inquiry into
Sanchez-Ruiz's ability to pay and requests remand to strike imposition of the domestic
violence penalty. We accept the State's concession as well taken and remand to strike
imposition of the domestic violence penalty under RCW 10.99.080(1).
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WE CONCUR:
Emphasis added.