State Of Washington, Respondent V. William Scott Ahrens, Appellant

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Filed
Washington State
Court of Appeals

Division Two

February 6, 2024

IN ‘THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II
STATE OF WASHINGTON, No. 57456-0-II
Respondent,
Vv.
WILLIAM SCOTT AHRENS, UNPUBLISHED OPINION
Appellant.

CRUSER, J. — William Ahrens asks that we remand his case to the tinal court with
instructions to strike his victim penalty assessment (VPA) and his DNA collection fee due to recent
statutory changes. The State concedes as to both issues. We accept the State’s concession and
remand for the VPA and DNA collection fee to be stricken.

FACTS

The tial court found Ahrens guilty of three crimes following a bench trial. In October
2022, it sentenced him to 8 months’ confinement and 12 months’ community custody. It waived
community custody supervision fees, having found that Ahrens was indigent. The court at
sentencing told the parties, “I’m waiving what I can” before it imposed a $500 VPA and a $100
DNA collection fee. Verbatim Rep. of Proc. at 136. It later entered an order of indigency for the

purpose of Ahrens’ appeal of his judgment and sentence.

No. 57456-0-II
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ANALYSIS
I. DNA COLLECTION FEE
DNA collection fees are no longer authorized by statute effective July 1, 2023. RCW
43.43.7541(2); see also LAWS OF 2023, ch. 449, § 4. Although the amendment was not in effect at
the time of his sentencing, it applies to Ahrens because this case is on direct appeal. State v.
Ramirez, 191 Wn.2d 732, 747, 426 P.3d 714 (2018). Accordingly, we remand with instructions to
strike the DNA collection fee from Ahrens’ judgment and sentence.
II. VICTIM PENALTY ASSESSMENT
Ahrens argues that we should remand for the trial court to strike his $500 VPA, and the
State concedes. A recent amendment to RCW 7.68.035 provides that the VPA shall not be imposed
against a defendant if the court finds they are indigent at the time of sentencing, effective July 1,
2023. LAWS OF 2023, ch. 449, § 1; RCW 7.68.035(4). The amended statute also requires trial courts
to waive any VPA imposed prior to the amendment’s effective date if the defendant is indigent
and moves for such relief. LAWS OF 2023, ch. 449, § 1; RCW 7.68.035(5). Because his case is on
direct appeal, Ahrens is entitled to the benefit of this statutory amendment. Ramirez, 191 Wn.2d
at 747. The State agrees that Ahrens is indigent for purposes of the imposition of the VPA, and we
therefore accept its concession and remand for the VPA to be stricken.
We remand with instruction to strike the DNA collection fee and VPA from Ahrens’
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.

No. 57456-0-II
Cnn, J. CRUSER, J.
We concur:
Glasgow, CJ GLASGOW, C.J.
VELJA CIC, J.
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