State Of Washington, Respondent V. Richard Earl Rettig, Appellant

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FILED
3/18/2024
Court of Appeals
Division |
State of Washington

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ONE
STATE OF WASHINGTON,
No. 85160-8-I
Respondent.
DIVISION ONE

V.
UNPUBLISHED OPINION
RICHARD EARL RETTIG,

Appellant.

PER CURIAM —Richard Earl Rettig filed an appeal challenging the imposition of a
$500 Victim Penalty Assessment (VPA) as part of his judgment and sentence. When
Rettig was sentenced in March 2023, the VPA was a mandatory condition of all
sentences. Former RCW 7.68.035 (2018). Effective July 1, 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). State v. Ellis, 27 Wn. App. 2d 1, 16, 530
P.3d 1048 (2023). The State does not dispute that Rettig is indigent and concedes that
this matter should be remanded to strike the VPA from Rettig’s judgment and sentence.

We accept the State’s concession and remand to the superior court to strike the
VPA provision from the judgment and sentence entered in Snohomish County Superior

Court Cause No. 20-1-00252-31.

No. 85160-8-I/2
FOR THE COURT:
Brummen, J
Man, J.
-2-