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State v. Thompson

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II
Dec 15, 2015
No. 47075-6-II (Wash. Ct. App. Dec. 15, 2015)

Opinion

47075-6-II

12-15-2015

STATE OF WASHINGTON, Respondent, v. TRAVIS W. THOMPSON, Appellant.


UNPUBLISHED OPINION

Melnick, J.

Travis Thompson appeals his sentences for felony violation of a no-contact order and residential burglary (domestic violence), arguing that the trial court improperly imposed legal financial obligations (LFOs). Because Thompson failed to preserve his LFO challenge, we affirm.

FACTS

The State charged Thompson with felony violation of a no-contact order and residential burglary. It further alleged that these were domestic violence crimes. After a jury trial, Thompson was convicted of violation of a no-contact order and the trial court declared a mistrial on the residential burglary charge. Thompson later pled guilty to residential burglary as a domestic violence offense.

On December 30, 2014, the trial court held a sentencing hearing. The State requested LFOs. The court imposed a $500 victim assessment; $950.08 in court costs; $1,125 in attorney fees; and, a $100 DNA collection fee. Thompson did not object. The judgment and sentence contained language that provided, "The court has considered the total amount owing, the defendant's present and future ability to pay, . . . and the likelihood that the defendant's status will change." CPat7.

His statement on plea of guilty for the residential burglary charge acknowledges that the State would recommend "standard costs & fees." CP at 23.

ANALYSIS

Thompson contends that the trial court erred by imposing LFOs without actually considering his ability to pay them. Thompson did not object to the LFOs at sentencing. His sentencing occurred after our decision in State v. Blazina, 174 Wn.App. 906, 301 P.3d 492 (2013), and before the Supreme Court's reversal of that decision in State v. Blazina, 182 Wn.2d 827, 344 P.3d 680 (2015).

In State v. Lyle, 188 Wn.App. 848, 355 P.3d 327 (2015), we held that parties who failed to challenge LFOs in sentencings after our 2013 decision in Blazina have waived those challenges. See also RAP 2.5(a). Thus, under Lyle, Thompson has waived his LFO challenge.

We affirm.

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.

We concur: Worswick, J. Sutton, J.


Summaries of

State v. Thompson

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II
Dec 15, 2015
No. 47075-6-II (Wash. Ct. App. Dec. 15, 2015)
Case details for

State v. Thompson

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. TRAVIS W. THOMPSON, Appellant.

Court:COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

Date published: Dec 15, 2015

Citations

No. 47075-6-II (Wash. Ct. App. Dec. 15, 2015)