Opinion
No. 52746-1-I
Filed: December 20, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No. 02-1-08752-0. Judgment or order under review. Date filed: 07/03/2003. Judge signing: Hon. Palmer Robinson.
Counsel for Appellant(s), Maureen Marie Cyr, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Counsel for Respondent(s), Carla Barbieri Carlstrom, King Co Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Roy Elzy appeals the judgment and sentence imposed following his 2003 convictions for possession and delivery of cocaine. 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. These arguments were rejected in, and are 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 the Fourth Amendment issue). The Ninth Circuit has also recently rejected a Fourth Amendment challenge to a requirement to provide a biological sample for DNA identification. United States v. Kincade, 379 F.3d 813 (9th Cir. 2004).
Affirmed.
AGID, J., APPELWICK, J., and COLEMAN, J., concur.