State of Washington v. Timothy Edward Nation

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
TIMOTHY EDWARD NATION,
Appellant.
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No. 39150-7-III
UNPUBLISHED OPINION
COONEY, J. — In August 2022, Timothy Nation was convicted of custodial assault
and, among other sanctions, was ordered to pay a $500 victim penalty assessment (VPA).
Because Mr. Nation was found indigent, we remand for the trial court to strike the VPA.
BACKGROUND
The facts underlying Mr. Nation’s conviction are largely irrelevant to this appeal.
In short, Mr. Nation was charged with custodial assault following an incident that
FILED
MARCH 26, 2024
In the Office of the Clerk of Court
WA State Court of Appeals Division III

No. 39150-7-III
State v. Nation
2
occurred in the Benton County Jail. At the conclusion of a two-day trial, Mr. Nation was
convicted and later sentenced to three months of incarceration and ordered to pay a $500
VPA. During sentencing, defense counsel’s assertion of Mr. Nation’s struggles with
homelessness went undisputed.
Mr. Nation appeals the $500 VPA.
ANALYSIS
Formerly, RCW 7.68.035(1)(a) (2018) required the imposition of a VPA on any
adult found guilty of a crime in superior court. Effective July 1, 2023, RCW 7.68.035
was amended to prohibit a trial court from imposing a VPA on a defendant found
indigent as defined in RCW 10.01.160(3). See LAWS OF 2023, ch. 449, §§ 1, 4.
Amendments to statutes that impose costs upon convictions apply prospectively to cases
pending on appeal. See State v. Ramirez, 191 Wn.2d 732, 748-49, 426 P.3d 714 (2018).
Because Mr. Nation’s case is pending on direct appeal, the amendment to
RCW 7.68.035 applies. While the trial court did not explicitly find Mr. Nation indigent,
defense counsel’s assertion of Mr. Nation’s history of homelessness was undisputed.
Further, Mr. Nation was found to be indigent for purposes of this appeal, with the order
acknowledging that his indigency status had not changed since his trial.

No. 39150-7-III
State v. Nation
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We remand for the trial court to strike the $500 VPA from Mr. Nation’s judgment
and sentence.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
Cooney, J.
WE CONCUR:
Fearing, C.J.
Staab, J.