State Of Washington, Respondent V. Brian David Rivas, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
V.
RIVAS, BRIAN DAVID
DOB: 08/26/1992,
Respondent,
Appellant.
No. 77269-4-1
UNPUBLISHED OPINION
FILED: March 4, 2019
SCHINDLER, J. — A jury convicted Brian David Rivas of custodial assault. On July
27, 2017, the court sentenced Rivas to 25.5 months of confinement and ordered him to
pay the $500 victim assessment fee, $200 criminal filing fee, and $100 DNA1 collection
fee. Rivas challenges the imposition of the criminal filing fee and the DNA collection
fee. Because Rivas is indigent and the State previously collected a DNA fee, the State
concedes the criminal filing fee and the DNA collection fee should be stricken. We
accept the State's concession as well taken and remand to strike the criminal filing fee
and the DNA collection fee.
In 2018, the Washington State Legislature amended the legal financial obligation
statutes. LAWS OF 2018, ch. 269. The amended criminal filing fee statute states:
Upon conviction or plea of guilty, upon failure to prosecute an appeal from
a court of limited jurisdiction as provided by law, or upon affirmance of a
1 Deoxyribonucleic acid.

No. 77269-4-1/2
conviction by a court of limited jurisdiction, an adult defendant in a criminal
case shall be liable for a fee of two hundred dollars, except this fee shall
not be imposed on a defendant who is indigent as defined in RCW
10.101.010(3)(a) through (c).
RCW 36.18.020(2)(h).
The amended DNA collection fee statute states, in pertinent part:
Every sentence imposed for a crime specified in RCW 43.43.754 must
include a fee of one hundred dollars unless the state has previously
collected the offender's DNA as a result of a prior conviction.
RCW 43.43.7541.
In State v. Ramirez, 191 Wn.2d 732, 747, 426 P.3d 714 (2018), the Washington
Supreme Court held the 2018 amendments to the legal financial obligation statutes
apply to cases "pending on direct review and thus not final when the amendments were
enacted."
The State concedes that because Rivas was indigent at the time of sentencing
and his DNA has previously been collected as a result of a prior felony conviction, the
criminal filing fee and the DNA collection fee should be stricken. We accept the
concession and remand to strike the criminal filing fee and the DNA collection fee from
the judgment and sentence.
WE CONCUR:
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