State Of Washington, V Brandon James Anthony Daryle Ganis ( 2020 )

Filed
Washington State
Court of Appeals
Division Two
April 28, 2020
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 52849-5-II
Respondent,
v.
BRANDON JAMES ANTHONY DARYLE
GANIS, UNPUBLISHED OPINION
Appellant.
WORSWICK, J. — Brandon Ganis appeals his sentence following his conviction for
possession of a controlled substance. He argues that the trial court erred by ordering him to pay
community custody supervision fees despite his indigency. Because Ganis failed to preserve this
issue for appeal we do not address it, and we affirm.
FACTS
A jury found Ganis guilty of possession of a controlled substance. On December 11,
2018, the trial court sentenced Ganis to 7 months of confinement and 12 months of community
custody. The trial court waived all discretionary costs, but imposed a crime victim penalty
assessment and community custody supervision fees as determined by the Department of
Corrections. Ganis did not object to the imposition of any legal financial obligations (LFO).
Ganis appeals his judgment and sentence.
ANALYSIS
Citing the 2018 amendments to Washington’s LFO laws and State v. Ramirez, 191 Wash. 2d
732, 426 P.3d 714 (2018), Ganis argues the trial court improperly ordered him to pay community
No. 52849-5-II
custody supervision fees based on his indigence. We decline to reach this issue because it was
not preserved. RAP 2.5(a).
RAP 2.5(a) generally precludes review of errors raised for the first time on appeal. Ganis
was sentenced over two months after our Supreme Court’s decision in Ramirez, which was filed
on September 20, 2018. Yet he did not object to the trial court’s imposition of community
custody supervision fees. Ganis makes no argument as to why we should exercise our discretion
to consider this issue. Accordingly, this issue is not adequately preserved for review, and we do
not consider it.
We affirm.
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.
_____________________________
Worswick, J.
_______________________________
Lee, C.J.
_______________________________
Sutton, J.
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