Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 51946-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
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performance fell below an objective standard of reasonableness. We hold that Smith’s

ineffective assistance of counsel claim on this basis fails.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 51946-1-II

C. IMPOSITION OF CRIMINAL FILING FEE

Smith argues, and the State concedes, that we should strike the criminal filing fee

imposed as an LFO from his judgment and sentence. We agree.

In 2018, the legislature amended RCW 36.18.020(2)(h), which now prohibits imposition

of the criminal filing fee on a defendant who is indigent as defined in RCW 10.101.010(3)(a)-(c).

This amendment applies prospectively to cases pending on direct appeal. State v. Ramirez, 191

Wn.2d 732, 749-50, 426 P.3d 714 (2018).

The trial court found that Smith was indigent for purposes of appeal. The record is

unclear if the trial court found Smith indigent based on the definitions in RCW 10.101.010(3)(a)-

(c), but the State does not oppose striking the criminal filing fee. Therefore, we order the trial

court to strike the criminal filing fee.

CONCLUSION

We affirm Smith’s convictions, but we remand for the trial court to strike the criminal filing

fee from the judgment and sentence.

MAXA, P.J.

We concur:

GLASGOW, J.

CRUSER, J.

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