State of Washington, Resp v. Branson Raymond James Mckee, App

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 57856-5-II
Respondent,
v.
BRANSON RAYMOND JAMES MCKEE, UNPUBLISHED OPINION
Appellant.
LEE, J. — Branson R. J. McKee appeals his sentence for second degree criminal trespass,
arguing the $250 crime victim penalty assessment (CVPA) must be stricken from his judgment
and sentence. The State agrees that the CVPA should be stricken. We agree and remand to the
trial court to strike the CVPA from McKee’s judgment and sentence.
FACTS
McKee was found guilty of second degree criminal trespass, a misdemeanor. RCW
9A.52.080(2). At sentencing, the trial court found that McKee was indigent. As part of McKee’s
sentence, the trial court imposed a $250 CVPA.
McKee appeals.
ANALYSIS
McKee argues that the CVPA should be stricken because the CVPA is no longer authorized
by statute. The State agrees the CVPA should be stricken. We agree and remand to the trial court
to strike the CVPA.
Filed
Washington State
Court of Appeals
Division Two
March 12, 2024

No. 57856-5-II
2
Effective July 1, 2023, the CVPA is no longer authorized for indigent defendants. LAWS
OF 2023, ch. 449 § 1; RCW 7.68.035(4). And changes to the legislation governing legal financial
obligations apply to cases on direct appeal when the change was enacted. State v. Matamua, ___
Wn. App. 2d ___, 539 P.3d 28, 39 (2023).
Because the CVPA is no longer authorized by statute, it should be stricken. Accordingly,
we remand to the trial court to strike the CVPA.
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.
Lee, J.
We concur:
Maxa, J.
Glasgow, C.J.