State Of Washington, Respondent V. R.c., Jr., Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent.
v.
R.C.,
Appellant.
No. 85339-2-I
DIVISION ONE
UNPUBLISHED OPINION
P ER CURIAM — On February 28, 2023, R.C. pleaded guilty to assault in the first
degree and robbery in the first degree. 	On March 29, 2023, the juvenile court imposed
a $100 crime victim penalty assessment (VPA) and DNA1 collection fee as part of the
disposition order.
R.C. filed an appeal challenging the imposition of the VPA and DNA fee. 	At the
time of R.C.'s adjudication, the law mandated imposition of a VPA and DNA fee.
Former RCW 	7.68.035(1)(b); former RCW 43.43.7541. 	While R.C.’s appeal was
pending, the legislature amended the law with respect to legal financial obligations,
which no longer authorizes the court to require juveniles to pay any legal financial
obligations apart from restitution. Laws of 2023, ch. 449 § 1; RCW 7.68.035(5)(a). The
legislature also amended the DNA statute to eliminate that fee. Laws of 2023, ch. 449 §
4; RCW 43.43.7541(2). 	Although the amendments did not take effect until after R.C.
was sentenced, our courts have held that the recent amendments to statutes governing
1 Deoxyribonucleic acid.

No. 85339-2-I/2
-2-
legal financial obligations apply retroactively to matters pending on direct appeal. 	See
State v. Ellis, 27 Wn. App. 2d 1, 16, 530 P.3d 1048 (2023). 	The State concedes that it
is appropriate to remand for the purpose of striking the VPA and DNA fee.
Remanded for proceedings consistent with this opinion.
FOR THE COURT: