a bench trial, the trial court found Cory Daniel Tash guilty
of failure to register as a sex offender. Tash appeals his
conviction. He asserts that he was not required to register
because RCW 9A.44.130(4)(a)(i)'s registration requirement
applies only to those released from custody on a sex or
kidnapping offense, and he was released from custody on a
Department of Corrections (DOC) violation. Tash also alleges
he did not receive notice that he was required to register.
Lastly, Tash argues that the sentencing court erred when it
failed to consider his ability to pay before imposing legal
financial obligations (LFOs). We affirm Tash's conviction
and the sentencing court's imposition of LFOs.
November 2003, Tash was convicted of indecent liberties with
forcible compulsion in Thurston County and was required to
register as a sex offender. In 2014, Tash was convicted of
failure to register as a sex offender. On December 26, 2014,
Tash was released from custody after serving his sentence for
failure to register as a sex offender. At that time, Tash
signed a sex offender registration requirement form notifying
him that he is required to register as a sex offender. The
form also notified Tash, "If you change your address
within Thurston County, or have been released from
custody, you are required to notify the Thurston
County Sheriffs Office in person or by mail within three
business days." Clerk's Papers (CP) at 57
February 8, 2016, Tash was again convicted of failure to
register as a sex offender. Tash was released on May 13,
2016, and then incarcerated again following a DOC violation.
He was released from custody on June 1, 2016. At that time,
he was notified that he must "immediately contact the
Sheriffs Office to stay in compliance." CP at 51. Also,
on June 3, 2016, an employee of the Thurston County Sherriff
s Office left Tash a phone message "INSTRUCTING [TASH]
TO SUBMIT A CHANGE OF ADDRESS." CP at 53.
did not register. On October 6, 2016, the State charged him
with felony violation of sex offender registration.
moved to dismiss the charge, arguing RCW 9A.44.130(4)(a)(i)
only requires registration if Tash was in custody as a result
of a sex or kidnapping offense. The trial court denied his
motion, concluding, "The plain language of the statute
requires that individuals required to register as sex
offenders must register within three business days of their
release from custody regardless of the reason for their
detention." CP at 104.
a bench trial, the trial court found Tash guilty of failure
to register as a sex offender. The sentencing court imposed
as LFOs a $500 crime victim assessment fee, a $100
deoxyribonucleic acid (DNA) collection fee, and a $200 court
costs fee. Tash appeals.
Failure to Register
argues that we should reverse his failure to register as a
sex offender conviction because the trial court erred in
denying his motion to dismiss when it misconstrued RCW
9A.44.130 regarding the registration requirement and because
Tash did not receive notice of his duty to register. We
review conclusions of law following a motion to dismiss de
novo. State v. Garvin, 166 Wn.2d 242, 249, 207 P.3d
1266 (2009). Similarly, statutory interpretation is a
question of law that we review de novo. State v.
Watson, 146 Wn.2d 947, 954, 51 P.3d 66 (2002). "In
interpreting statutory provisions, the primary objective is
to ascertain and give effect to the intent and purpose of the
Legislature in creating the statute." Watson,
146 Wn.2d at 954. "The court discerns legislative intent
from the plain language enacted by the legislature,
considering the text of the provision in question, the
context of the statute in which the provision is found,
related provisions, amendments to the provision, and the
statutory scheme as a whole." Fast v. Kennewick Pub.
Hosp. Dist., 187 Wn.2d 27, 33, 384 P.3d 232 (2016).
9A.44.130(1)(a) requires any person who "has been
convicted of any sex offense or kidnapping offense" to
"register with the county sheriff for the county of the
person's residence." This statute also states,
"When a person required to register under this section
is in custody of. . . a local jail ... as a result of a sex
offense or kidnapping offense, the person shall also register
at the time of release from custody." RCW
9A.44.130(1)(a). The registration statute applies
retroactively, so changes made following ...