State Of Washington, Respondent/cr-appellant V. Darryl Burns, Appellant/cr-respondent

77245-7WashctappDec 31, 2018

Full text

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, 	) 	No. 77245-7-I 	~
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Respondent, ) C) C$i
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DARYL JAMES BURNS, 	) 	UNPUBLISHED OPINION ~ 	~,cn
Appellant. ) 	FILED: IJEC 31201 	a~
PER CURIAM. Daryl Burns challenges legal financial obligations imposed
following his jury conviction for second degree burglary. Burns contends the $200
criminal filing fee and $100 DNA collection fee should be stricken pursuant to
State v. Ramirez, 191 Wn.2d 732, 746-50, 426 P.3d 714 (2018). The State
concedes that, because Burns is indigent, the criminal filing fee should be stricken.
See RCW 36.18.020(2)(h). The State also concedes that if Burns’ DNA has
previously been collected as a result of a prior conviction, the court must also
strike the DNA collection fee. ~ RCW 43.43.7541. We accept the State’s
concessions and remand for the trial court to strike the criminal filing fee from the
judgment and sentence, and to also strike the DNA collection fee if Burns’ DNA
has previously been collected.
FOR THE COURT:
I	A 114 -
V

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