State of Washington, Respondent v. Pete Demetrius Maestas, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 58123-0-II
Respondent,
v.
PETE DEMETRIUS MAESTAS, UNPUBLISHED OPINION
VELJACIC, J. — Pete D. Maestas appeals the $500 victim penalty assessment (VPA)
imposed as part of his sentence. Because the legislature no longer authorizes the trial court to
impose the VPA against an indigent defendant, we reverse and remand for the trial court to strike
the VPA.
FACTS
The State charged Maestas with possession of a stolen vehicle. Following a bench trial,
the trial court convicted Maestas as charged. The court found Maestas indigent and as part of his
sentence imposed the then mandatory $500 VPA. Former RCW 7.68.035 (2018).
Maestas appeals the imposition of the VPA.
ANALYSIS
In 2023, the legislature added a subsection to RCW 7.68.035 that prohibits courts from
imposing the VPA on indigent defendants as defined in RCW 10.01.160(3). LAWS OF 2023, ch.
449, § 1; RCW 7.68.035(4). The amended statute also requires that trial courts waive any VPA
imposed prior to the amendment’s effective date if the defendant is indigent. LAWS OF 2023, ch.
Filed
Washington State
Court of Appeals
Division Two
January 30, 2024

58123-0-II
2
449, § 1; RCW 7.68.035(5)(b). The amendment went into effect on July 1, 2023. LAWS OF 2023,
ch. 449. Although the amendment was not in effect at the time of his sentencing, it applies to
Maestas because this case is on direct appeal. See State v. Ellis, 27 Wn. App. 2d 1, 16, 530 P.3d
1048 (2023).
The State does not dispute that Maestas is indigent and concedes that this matter should be
remanded to strike the VPA from Maestas’s judgment and sentence.
We accept the State’s concession and remand to the superior court to strike the VPA.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
Veljacic, J.
We concur:
Maxa, P.J.
Lee, J.