Opinion
No. 53152-2-I
Filed: December 27, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No. 02-1-05650-1. Judgment or order under review. Date filed: 08/29/2003. Judge signing: Hon. Gain Brian D.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Christopher Gibson, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Counsel for Respondent(s), Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Patrick Joseph Preston, King County Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2362.
James Harris, Jr. appeals the sentence imposed following his conviction for possession of over 40 grams of marijuana. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate his Fourth Amendment right against unreasonable searches. This argument was rejected in, and is controlled by, our decision in State v. Surge, 122 Wn. App. 448, 94 P.3d 345 (2004) (holding that State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993) is controlling on this issue and binding on this court).
Affirmed.
BAKER, J., COLEMAN, J. and GROSSE, J.