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State v. Thornton

Court of Appeals of Washington, Division 3

June 16, 2015

The State of Washington, Respondent ,
v.
Cynthia Faye Thornton, Appellant

Appeal from Spokane Superior Court. Docket No: 12-1-01061-8. Judge signing: Honorable James M Triplet. Judgment or order under review. Date filed: 04/10/2014.

David N. Gasch (of Gasch Law Office ), for appellant.

Lawrence H. Haskell, Prosecuting Attorney, and Brian C. O'Brien, Deputy, for respondent.

Authored by Robert E. Lawrence-Berrey. Concurring: Laurel H. Siddoway, Kevin M. Korsmo.

OPINION

Robert E. Lawrence-Berrey, J.

[188 Wn.App. 372] [¶1] -- Cynthia Thornton was convicted of possession of a controlled substance--heroin. The sentencing court imposed a $100 deoxyribonucleic acid (DNA) collection fee as a mandatory legal financial obligation (LFO) under RCW 43.43.7541. Ms. Thornton appeals, contending the court erred in imposing the DNA collection fee because she had already submitted a DNA sample for a prior conviction. We find no merit to her contention and affirm.

FACTS AND PROCEDURE

[¶2] At Ms. Thornton's April 10, 2014 sentencing hearing, the court imposed certain LFOs including the $100 DNA collection fee. The court then told Ms. Thornton she would need to set up a time for DNA collection. Report of Proceedings (RP) at 206. In reference to a recent 2014 delivery of a controlled substance offense that was included in Ms. Thornton's criminal history for current offender score purposes, the court asked her if DNA collection had already been done on that case. RP at 206. The prosecutor responded in the negative, and the parties agreed that Ms. Thornton would appear at the jail on April 16 to submit a DNA sample. RP at 206-07. Her counsel presented an order for DNA reporting, which the court signed along with the judgment and sentence. RP at 207-08. The judgment and [188 Wn.App. 373] sentence recites RCW 43.43.7541 as authority for the $100 DNA collection fee. Ms. Thornton appeals the imposition of that fee.

ANALYSIS

[¶3] Two separate statutes pertaining to collection of DNA samples and the fee imposed as an LFO inform our review in this case. First is the collection/submission statute, RCW 43.43.754. It provides in pertinent part:

(1) A biological sample must be collected for purposes of DNA identification analysis from:
(a) Every adult or juvenile individual convicted of a felony ... .
... .
(2) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent ...

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