State Of Washington, Respondent V. Joshua Fowler, Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 51838-4-II
Respondent,
v.
JOSHUA MICHAEL FOWLER,
UNPUBLISHED OPINION
Appellant.
WORSWICK, J. — Joshua Michael Fowler appeals the trial court’s imposition of a
discretionary legal financial obligation (LFO). The State concedes that the criminal filing fee
should be waived. We accept the State’s concession, and remand to the trial court to strike the
criminal filing fee.
FACTS
Fowler was convicted of bail jumping and fourth degree assault. The trial court entered
an order of indigency for Fowler. At sentencing, the court imposed a $200 criminal filing fee.
Fowler appeals the imposition of this fee.
ANALYSIS
Relying on State v. Ramirez, 191 Wn.2d 732, 747, 426 P.3d 714 (2018), Fowler argues
that the criminal filing fee that the trial court imposed is no longer authorized after the enactment
of Engrossed Second Substitute House Bill (ESHB) 1783. The State concedes that the trial court
should strike the criminal filing fee. We accept the State’s concession, and remand to the trial
court to strike the criminal filing fee.
Filed
Washington State
Court of Appeals
Division Two
April 16, 2019

No. 51838-4-II
2
ESHB 1783 amended RCW 36.18.020(2)(h) to prohibit courts from imposing the $200
criminal filing fee on indigent defendants. LAWS OF 2018, ch. 269, § 17; see RCW
36.18.020(2)(h). The amendment to the LFO statute applies prospectively to cases that are on
direct appeal. Ramirez, 191 Wn.2d at 747.
Here, the trial court signed an order of indigency for Fowler. Because Fowler is indigent,
the criminal filing fee is no longer authorized. RCW 36.18.020(2)(h). Thus, we remand to the
trial court to strike the criminal filing fee.
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.
Worswick, J.
We concur:
Maxa, C.J.
Sutton, J.