State Of Washington, Respondent V. Janice Marie Burrell, Appellant

87298-2WashctappNov 17, 2025

Full text

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent.
v.
JANICE MARIE BURRELL,
Appellant.
No. 87298-2-I
DIVISION ONE
UNPUBLISHED OPINION
P ER CURIAM — Janice Burrell challenges the inclusion of a community custody
condition requiring her to pay supervision fees in her amended judgment and sentence.
In September 2024, the trial court resentenced Burrell with a reduced offender score
after two prior felony drug possession convictions were invalidated by State v. Blake,
197 Wn.2d 170, 481 P.3d 521 (2021). 	During resentencing, the trial court agreed to
“will waive all financial obligations, finding an inability to pay based on her indigency.”
The court also noted waiver of legal financial obligations on the order amending the
judgment and sentence. 	Despite this intention, the trial court did not strike the
community custody condition requiring payment of supervision fees as determined by
the Department of Corrections (DOC) found in Appendix H to the judgment and
sentence.
Effective July 1, 2022, the legislature amended RCW 9.94A.703(2) to remove
payment of DOC supervision fees as a community custody condition. 	L AWS OF 2022,
No. 87298-2-I/2
-2-
ch. 29, § 8. The State concedes that the trial court intended to waive all nonmandatory
fines and fees but inadvertently neglected to strike the community custody condition.
We accept the State’s concession and remand to the superior court solely to strike the
condition from the judgment and sentence. See State v. Meza, 22 Wn. App. 2d 514,
547, 512 P.3d 608 (2022).
FOR THE COURT:

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