State of Washington v. Jackson A. Neal

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
JACKSON A. NEAL,
Appellant.
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No. 39248-1-III
UNPUBLISHED OPINION
LAWRENCE-BERREY, C.J. — Jackson Neal, found by the trial court to be indigent
at the time of sentencing, challenges the court’s imposition of a $500 crime victim penalty
assessment and a $100 DNA collection fee. Because of recent legislative changes, we
remand for the trial court to strike both costs.
FACTS
A jury convicted Jackson Neal of vehicular homicide. At sentencing, the trial
court recognized that Mr. Neal was indigent and imposed a $500 crime victim penalty
assessment (VPA) and $100 DNA collection fee. He timely appeals.
After his conviction, H.B. 1169 became effective. LAWS OF 2023, ch. 449. This
law amends several statutes that govern legal financial obligations in criminal cases,
including RCW 7.68.035 and RCW 43.43.7541. See LAWS of 2023, ch. 449, §§ 1, 4.
FILED
MAY 9, 2024
In the Office of the Clerk of Court
WA State Court of Appeals, Division III

No. 39248-1-III
State v. Neal
ANALYSIS
Mr. Neal contends that remand is required for the trial court to strike the $500
VPA and the $100 DNA collection fee. 	The State concedes. We agree.
A new subsection in RCW 7.68.035 prohibits trial courts from imposing the $500
VPA on defendants found to be indigent at the time of sentencing. RCW 7.68.035(4).
Also, the $100 DNA collection fee established by former RCW 43 .43. 7 541 (2002) was
eliminated. 	See LAWS OF 2023, ch. 449, § 4. These changes apply to defendants whose
direct appeals are not final. State v. Ellis, 27 Wn. App. 2d 1, 17, 530 P.3d 1048 (2023).
We remand to the trial court with instructions to strike the $500 VPA and the $100
DNA collection fee.
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.
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Lawrence-Berrey, C.J.
WE CONCUR:
Fearing, J. 	Pennell, J.
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