State Of Washington v. Amonee Bledsoe ( 2020 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON, ) No. 81017-1-I
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Respondent, )
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v. )
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A.B., dob 04/20/2001, ) UNPUBLISHED OPINION
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Appellant. )
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PER CURIAM — A juvenile court convicted A.B. of second degree rape and
disclosing intimate images and imposed a $100 DNA (deoxyribonucleic acid)
collection fee as part of his sentence. A.B. challenges the imposition of the fee,
citing RCW 43.43.7541, which provides that “[t]his fee shall not be imposed on
juvenile offenders if the state has previously collected the juvenile offender’s DNA
as a result of a prior conviction.” A.B. contends the record shows he had recently
been sentenced for fourth degree assault and thus would have already been
required to provide a DNA sample.
The State correctly points out that the record is silent as to whether A.B.’s
DNA was actually collected. See State v. Thibodeaux, 6 Wn. App. 2d 223, 230,
430 P.3d 700 (2018) (observing that defendants do not always submit to DNA
collection despite being ordered to do so), review denied, 192 Wn.2d 1029 (2019).
No. 81017-1-I/2
In these circumstances, we remand to the trial court to determine whether the
State has previously collected a DNA sample from A.B. and, if so, to strike the
DNA collection fee from his disposition.
Remanded for proceedings consistent with this opinion.
FOR THE COURT:
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