State v. Knudsvig

Washington Supreme Court

State v. Knudsvig

432 P.3d 777, 192 Wash. 2d 1009

CourtWashington Supreme Court

DecidedJanuary 9, 2019

DocketNo. 96399-1

StatusPublished

This text of 432 P.3d 777 (State v. Knudsvig) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Knudsvig, 432 P.3d 777, 192 Wash. 2d 1009 (Wash. 2019).

Pincite

Opinion

¶ 1 Department I of the Court, composed of Chief Justice Fairhurst and Justices Johnson, Owens, Wiggins and Gordon McCloud, considered the petition for review and the Petitioner's motion on costs imposed by trial court at its November 27, 2018, Motion Calendar. The Department unanimously agreed that in light of 2018 amendments to the statutes governing legal financial obligations and this court's decision in State of Washington v. David Angel Ramirez, 191 Wn.2d 732, 426 P.3d 714 (2018), the trial court may not require an indigent defendant to pay the $200 criminal filing fee as a legal financial obligation. In addition, RCW 43.43.7541 precludes the imposition of the DNA collection fee if the defendant's DNA has already been collected in connection with a prior conviction. The Department therefore unanimously agreed that the challenge to legal financial obligations raised in the motion on costs should be granted. The Department also unanimously agreed that the petition for review raises no other issue that merits this court's consideration. Accordingly,

¶ 2 IT IS ORDERED:

¶ 3 That review is granted only on the issue of the challenge to the legal financial obligations. The case is remanded to the trial court to amend the judgment and sentence to strike the requirement to pay the $200 criminal filing fee and the $100 DNA collection fee.

/s/ Fairhurst, C.J. CHIEF JUSTICE

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¶ 1 Department I of the Court, composed of Chief Justice Fairhurst and Justices Johnson, Owens, Wiggins and Gordon McCloud, considered the petition for review and the Petitioner's motion on costs imposed by trial court at its November 27, 2018, Motion Calendar. The Department unanimously agreed that in light of 2018 amendments to the statutes governing legal financial obligations and this court's decision in State of Washington v. David Angel Ramirez, 191 Wn.2d 732, 426 P.3d 714 (2018), the trial court may not require an indigent defendant to pay the $200 criminal filing fee as a legal financial obligation. In addition, RCW 43.43.7541 precludes the imposition of the DNA collection fee if the defendant's DNA has already been collected in connection with a prior conviction. The Department therefore unanimously agreed that the challenge to legal financial obligations raised in the motion on costs should be granted. The Department also unanimously agreed that the petition for review raises no other issue that merits this court's consideration. Accordingly,

¶ 2 IT IS ORDERED:

¶ 3 That review is granted only on the issue of the challenge to the legal financial obligations. The case is remanded to the trial court to amend the judgment and sentence to strike the requirement to pay the $200 criminal filing fee and the $100 DNA collection fee.

/s/ Fairhurst, C.J. CHIEF JUSTICE

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Bluebook (online)

432 P.3d 777, 192 Wash. 2d 1009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knudsvig-wash-2019.

Opinion

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