State Of Washington, V Jacob Christian Evans ( 2019 )

Filed
Washington State
Court of Appeals
Division Two
December 30, 2019
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 52129-6-II
Respondent, UNPUBLISHED OPINION
v.
JACOB C. EVANS,
Appellant.
GLASGOW, J. — Jacob Evans appeals the sentencing court’s imposition of the criminal
filing fee under RCW 36.18.020(2)(h) as a legal financial obligation on his judgment and sentence.
The State concedes that the sentencing court found Evans to be indigent and that the filing fee
should be stricken, as well as any interest on any nonrestitution financial obligations. We accept
the State’s concession and remand to the sentencing court to strike the criminal filing fee and
interest accrual on any nonrestitution obligations.
In 2018, Jacob Evans was convicted of nine counts of second degree identity theft and nine
counts of forgery after cashing a series of stolen and falsified checks. As part of Evans’s sentence,
the sentencing court imposed restitution, a crime victim penalty assessment, and a criminal filing
fee. The judgment and sentence also includes an interest accrual provision. The court also entered
an order of indigency. Evans then appealed the imposition of the criminal filing fee.
Evans argues, and the State concedes, that the sentencing court erred by ordering Evans to
pay the criminal filing fee because he is indigent. RCW 36.18.030 prohibits courts from imposing
the criminal filing fee on indigent defendants. RCW 36.18.020(2)(h); State v. Catling, 193 Wash. 2d
252, 258, 438 P.3d 1174 (2019). This prohibition became effective in June 2018, before Evans
No. 52129-6-II
was sentenced in July 2018. State v. Ramirez, 191 Wash. 2d 732, 738, 426 P.3d 714 (2018) (noting
that the effective date of relevant amendments to certain legal financial obligation statutes became
effective on June 7, 2018). The State also concedes that the trial court should strike interest accrual
on nonrestitution financial obligations.
We accept the State’s concessions and remand to the sentencing court to strike the criminal
filing fee and interest accrual on any nonrestitution obligations.
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.
Glasgow, J.
We concur:
Worswick, J.
Maxa, C.J.
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