FILED
FEBRUARY 6, 2020
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, )
) No. 36422-4-III
Respondent, )
)
v. )
)
RANDALL GONZALEZ, ) UNPUBLISHED OPINION
)
Appellant. )
KORSMO, J. — This court allowed Randall Gonzalez an appeal from his 2005
convictions for fourth degree assault and violation of a no contact order. He now gets the
benefit of a change of law. We remand to strike certain financial obligations from the
judgment.
The notice of appeal was filed in late 2018. Our commissioner granted the
untimely appeal due to lack of evidence that Mr. Gonzalez was advised of his right to
appeal. The State did not challenge that ruling and subsequently filed a brief waiving
argument. Appointed counsel filed a brief asking only that $160 in discretionary court
costs be struck from the judgment.
After the crimes involved here were committed, the legislature amended the
statutes governing imposition of financial obligations on criminal defendants. In State v.
No. 36422-4-III
State v. Gonzalez
Ramirez, 191 Wn.2d 732,426 P.3d 714 (2018),the Washington Supreme Court ruled that
the amendments were retroactive and applied to all sentencings that were not final on the
effective date of the new legislation, June 7, 2018. LAWS OF 2018,ch. 269. The effect of
our Commissioner's ruling allowing the appeal is that Mr. Gonzalez's sentence was not
final. Ramirez thus dictates that the change of law applies to this case.
We remand for the trial court to strike the $160 in discretionary court costs.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
WE CONCUR:
Pennell,A.CJ.
d]Uu1 ·�·
Siddoway, J. �
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