State of Washington v. Raymond E. Chaney ( 2019 )

FILED
MARCH 12, 2019
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
THE STATE OF WASHINGTON, )
) No. 36138-1-III
Respondent, )
)
v. )
) UNPUBLISHED OPINION
RAYMOND EDWARD CHANEY, )
)
Appellant. )
LAWRENCE-BERREY, C.J. — Raymond Chaney appeals from the judgment and
sentence imposed for his Spokane County convictions of attempt to elude a police
vehicle, possession of a controlled substance—methamphetamine, and obstructing a law
enforcement officer. His sole contention is that recent case law requires striking of the
$200 criminal filing fee that the court assessed as a legal financial obligation (LFO). We
remand for the court to strike the criminal filing fee.
In light of the limited issue raised, the facts leading to the convictions are
unimportant to the appeal. After a jury found Mr. Chaney guilty of the crimes, the court
imposed an overall 25-month sentence. The court found Mr. Chaney indigent and
No. 36138-1-III
State v. Chaney
imposed a single LFO—the $200 criminal filing fee. Mr. Chaney appealed the entire
judgment and sentence.
Mr. Chaney’s sole contention on appeal is that the $200 criminal filing fee must be
struck from his judgment and sentence based on State v. Ramirez, 191 Wn.2d 732, 426
P.3d 714 (2018). The State concedes this point, and we agree.
House Bill 1783, which became effective June 7, 2018, prohibits trial courts from
imposing discretionary LFOs on defendants who are indigent at the time of sentencing.
LAWS OF 2018, ch. 269, § 6(3); Ramirez, 191 Wn.2d at 745-47. Among the changes was
an amendment to former RCW 36.18.020(2)(h) (2015) to prohibit the imposition of the
$200 criminal filing fee on indigent defendants. LAWS OF 2018, ch. 269, § 17(2)(h). As
held in Ramirez, the changes to the criminal filing fee statute apply prospectively to cases
pending on direct appeal prior to June 7, 2018. Ramirez, 191 Wn.2d at 747.
Accordingly, the change in law applies to Mr. Chaney’s case. Because Mr. Chaney was
indigent in the trial court and is still indigent on appeal, the $200 criminal filing fee
should be struck pursuant to Ramirez.
Mr. Chaney also requests that we deny the State an award of appellate costs in the
event the State substantially prevails. In light of his ongoing indigency and the State’s
concession on the only issue in the appeal, no costs will be awarded under RAP 14.2.
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No. 36138-1-III
State v. Chaney
The judgment of conviction is affirmed, but the matter is remanded to strike the
$200 filing fee from the judgment and sentence.
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.
Lawrence-Berrey, C.J.
WE CONCUR:
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doway,J.
(A) ( ~ •
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