State Of Washington, Respondent V. Garrett Carr, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 58103-5-II
Respondent,
v.
UNPUBLISHED OPINION
GARRETT ALEXANDER CARR,
Appellant.
PRICE, J. — Garrett A. Carr appeals from his judgment and sentence, which imposed a
$500 crime victim penalty assessment (VPA). Carr asks us to remand for the trial court to strike
the VPA, and the State has no objection. We agree and remand for the trial court to strike the
VPA.
FACTS
In October 2022, Carr was charged with one count of attempting to elude a pursuing police
vehicle and one count of possession of a stolen motor vehicle.
Carr waived his right to a jury trial. Following a bench trial, the trial court convicted Carr
of the attempting to elude charge but acquitted Carr for the charge of possession of a stolen vehicle.
At sentencing, the trial court found that Carr was indigent. But the judgment and sentence
imposed a $500 VPA under RCW 7.68.035.
Carr appeals.
Filed
Washington State
Court of Appeals
Division Two
June 18, 2024

No. 58103-5-II
2
ANALYSIS
Carr argues that the VPA should be stricken because the VPA is no longer authorized by
statute. The State has no objection to remanding for the superior court to strike the VPA. We
agree the VPA should be stricken.
Effective July 1, 2023, the VPA is no longer authorized for indigent defendants. LAWS OF
2023, ch. 449 § 1; RCW 7.68.035(4). This legislative change governing the VPA applies to cases
that were still on direct appeal when the change was enacted. State v. Ellis, 27 Wn. App. 2d 1, 16,
530 P.3d 1048 (2023). Here, because the trial court found Carr to be indigent and his direct appeal
is still pending, the VPA is no longer authorized for him.
CONCLUSION
We remand for the trial court to strike the VPA from Carr’s judgment and sentence.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
PRICE, J.
We concur:
VELJACIC, A.C.J.
LEE, J.