State Of Washington, Respondent V. Robert M. Fleeks, Jr., Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
Respondent,
v.
ROBERT M. FLEEKS, JR.,
Appellant.
No. 83354-5-I
DIVISION ONE
UNPUBLISHED OPINION
MANN , J. — Robert Fleeks Jr. was convicted of one count of murder in the
second degree and one count of unlawful possession of a firearm in the second degree.
We reviewed Fleeks’s conviction in the linked case, State v. Fleeks, No. 82911-4-I,
(Wash. Ct. App. Jan. 23, 2023), and reversed the second degree murder conviction and
remanded for trial. We affirmed the conviction for second degree unlawful possession
of a firearm.
Fleeks appeals the sentencing court’s award of restitution to reimburse the Crime
Victims Compensation Program (CVCP) in the amount of $40,000. On appeal, Fleeks
argues that (1) the sentencing court abused its discretion in ordering Fleeks to

No. 83354-5-I/2
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reimburse the CVCP for benefits paid to George’s family and (2) the order of restitution
did not comport with due process.
Because we reversed Fleeks’s underlying second degree murder conviction, and
the challenged restitution arose out of that conviction, we vacate the order of restitution.
Vacated.
WE CONCUR: