State of Washington v. Paul Anthony Mcvay

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
PAUL ANTHONY MCVAY,
Appellant.
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No. 39154-0-III
UNPUBLISHED OPINION
COONEY, J. — Paul McVay was convicted of three crimes. At sentencing, the trial
court imposed a $500 victim penalty assessment (VPA). Mr. McVay appeals. Because
Mr. McVay was indigent, we remand for the trial court to strike the VPA.
BACKGROUND
The facts underlying Mr. McVay’s conviction are largely irrelevant to this appeal.
In short, on July 15, 2022, a jury found Mr. McVay guilty of first degree burglary, second
degree assault, and fourth degree assault. Later, the trial court sentenced Mr. McVay to
140 months of confinement. Before considering the imposition of legal financial
obligations (LFOs), the trial court found Mr. McVay indigent. The court waived all
discretionary LFOs and ordered Mr. McVay to pay a $500 VPA.
Mr. McVay appeals.
FILED
MAY 2, 2024
In the Office of the Clerk of Court
WA State Court of Appeals Division III

No. 39154-0-III
State v. McVay
2
ANALYSIS
Mr. McVay asserts that recent amendments to RCW 7.68.035 entitle him to relief
from the $500 VPA. The State concedes.
Formerly, RCW 7.68.035(1)(a) (2018) required the imposition of a VPA on any
adult found guilty of a crime in superior court. Effective July 1, 2023, RCW 7.68.035
was amended to prohibit a trial court from imposing a VPA on a defendant found
indigent as defined in RCW 10.01.160(3). See LAWS OF 2023, ch. 449, §§ 1, 4.
Amendments to statutes that impose costs upon conviction apply prospectively to cases
pending on appeal. State v. Ramirez, 191 Wn.2d 732, 748-49, 426 P.3d 714 (2018).
Because Mr. McVay’s case is pending on appeal, the amendment to
RCW 7.68.035 applies. We remand for the trial court to strike the $500 VPA.
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.
Cooney, J.
WE CONCUR:
Fearing, J. Pennell, J.