State Of Washington, V. Robert M. Fleeks, Jr.

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

STATE OF WASHINGTON, No. 83354-5-I Respondent, DIVISION ONE v. UNPUBLISHED OPINION ROBERT M. FLEEKS, JR.,

Appellant.

MANN, J. — Robert Fleeks Jr. was convicted of one count of murder in the

second degree and one count of unlawful possession of a firearm in the second degree.

We reviewed Fleeks’s conviction in the linked case, State v. Fleeks, No. 82911-4-I,

(Wash. Ct. App. Jan. 23, 2023), and reversed the second degree murder conviction and

remanded for trial. We affirmed the conviction for second degree unlawful possession

of a firearm.

Fleeks appeals the sentencing court’s award of restitution to reimburse the Crime

Victims Compensation Program (CVCP) in the amount of $40,000. On appeal, Fleeks

argues that (1) the sentencing court abused its discretion in ordering Fleeks to No. 83354-5-I/2

reimburse the CVCP for benefits paid to George’s family and (2) the order of restitution

did not comport with due process.

Because we reversed Fleeks’s underlying second degree murder conviction, and

the challenged restitution arose out of that conviction, we vacate the order of restitution.

Vacated.

WE CONCUR:

-2-