State of Washington v. Brian W. Frawley

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON,
Respondent,
v.
BRIAN W. FRAWLEY,
Appellant.
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No. 37880-2-III
UNPUBLISHED OPINION
PENNELL, C.J. — Brian Frawley appeals a superior court order modifying his legal
financial obligations (LFOs). We affirm.
FACTS
Mr. Frawley pleaded guilty to first degree murder in 2016. Following his plea, the
sentencing court imposed several LFOs, including restitution. The court also imposed
interest on all LFOs to accrue “until payment in full.” Clerk’s Papers at 25. Mr. Frawley
did not appeal his judgment or sentence. In 2020, Mr. Frawley moved in the superior
court to modify his LFOs. Mr. Frawley was incarcerated when he moved for relief.
The superior court responded with an order waiving nonrestitution interest and
waiving the criminal filing fee. In a letter to Mr. Frawley that accompanied its decision,
the court explained it waived “the non-restitution interest that has accrued” though Mr.
FILED
SEPTEMBER 21, 2021
In the Office of the Clerk of Court
WA State Court of Appeals, Division III

No. 37880-2-III
State v. Frawley
2
Frawley still had “restitution and restitution interest owing . . . as well as the mandatory
crime victims fee.” Id. at 41.
Mr. Frawley appeals.
ANALYSIS
Mr. Frawley requests remand, arguing the superior court inadvertently amended
his LFOs in a manner that allowed nonrestitution LFOs to continue accruing interest.
The State responds that remand is unnecessary because RCW 10.82.090 prevents
nonrestitution LFOs from continuing to accrue interest. We agree with the State.
RCW 10.82.090(1) specifies that no interest shall accrue on nonrestitution LFOs as
of June 7, 2018. When Mr. Frawley filed his motion for LFO relief in 2020, he should
have already been free from ongoing imposition of interest on nonrestitution LFOs. The
trial court was generous in cancelling previously imposed interest, as Mr. Frawley was
not yet released from total confinement. See RCW 10.82.090(2) (“The court may, on
motion by the offender, following the offender’s release from total confinement, reduce or
waive the interest on [LFOs] . . . .”) (emphasis added). The court was certainly not
required to take further action.

No. 37880-2-III
State v. Frawley
3
If Mr. Frawley believes the State has illegally collected interest on nonrestitution
LFOs post-2018 in violation of RCW 10.82.090, he should seek affirmative relief.
Amendment of the judgment and sentence is not the appropriate recourse.
CONCLUSION
The order on appeal is affirmed.
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.
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Pennell, C.J.
WE CONCUR:
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Fearing, J.
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Lawrence-Berrey, J.