IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) DIVISION ONE Respondent, ) ) No. 78011-5-1 V. ) ) UNPUBLISHED OPINION JEREMY RAY FORINASH ) a.k.a JEREMY RAY COLE, ) ) Appellant. ) ) FILED: MAY 1.3 2019 PER CURIAM — Jeremy Forinash challenges legal financial obligations (LF0s) imposed following his convictions for misdemeanor and felony harassment. Gallagher contends, and the State concedes, that the trial court erred in imposing the $100 DNA (deoxyribonucleic acid) collection fee due to evidence that he suffers from a mental health condition. See RCW 9.94A.777 (1), (2). The State further concedes that because the court found Forinash suffers from a diagnosed mental illness and does not possess any ability to pay non-mandatory LF0s,"[t]he record here is sufficient to conclude that the trial court also should have waived the $100 DNA fee under RCW 9.94A.777." We accept the State's concessions and remand for the court to strike the DNA fee from Forinash's judgment and sentence. For the Court: