State Of Washington, Respondent V. Joseph E. Oneal, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 53917-9-II
Respondent,
v.
JOSEPH EDWARD ONEAL, UNPUBLISHED OPINION
Appellant
LEE, C.J. — Joseph E. Oneal appeals the imposition of a $200 criminal filing fee and a
$100 domestic violence penalty assessment as legal financial obligations (LFOs). The State
concedes that Oneal is indigent and that the challenged LFOs should be stricken. We accept the
State’s concession and remand to the trial court to strike the criminal filing fee and domestic
violence penalty assessment.
FACTS
A jury found Oneal guilty of second degree assault—domestic violence for an incident
involving his girlfriend. On Oneal’s judgment and sentence, the trial court imposed a $200
criminal filing fee and a $100 domestic violence penalty assessment.
On Oneal’s judgment and sentence, the trial court did not check the box indicating that it
found Oneal to be indigent. But the trial court entered an order finding Oneal indigent for purposes
of an appeal.
Oneal appeals the trial court’s imposition of the criminal filing fee and domestic violence
penalty assessment.
Filed
Washington State
Court of Appeals
Division Two
January 20, 2021

No. 53917-9-II
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ANALYSIS
Oneal contends that the $200 criminal filing fee and the $100 domestic violence penalty
assessment should be stricken from his judgment and sentence.
Here, the trial court imposed a criminal filing fee. The State concedes that Oneal is
indigent, and therefore, the criminal filing fee was improperly imposed.
Sentencing courts are prohibited from imposing discretionary costs on a defendant who is
indigent, including criminal filing fees. RCW 36.18.020(2)(h); State v. Ramirez, 191 Wn.2d 732,
749, 426 P.3d 714 (2018). The criminal filing fee is a discretionary cost that may not be imposed
on an indigent defendant. RCW 36.18.020(2)(h). Therefore, we accept the State’s concession.
The State also concedes that the domestic violence penalty assessment should be stricken.
The domestic violence penalty assessment is not mandatory. See RCW 10.99.080(1) (penalty
assessment “may” be imposed). Because this fee is discretionary and the State concedes that it
should not have been imposed in this case, we accept the State’s concession.
Accordingly, we remand to the trial court to strike the criminal filing fee and the domestic
violence penalty assessment.

No. 53917-9-II
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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.
Lee, C.J.
We concur:
Worswick, J.
Glasgow, J.