Opinion
78011-5-I
05-13-2019
STATE OF WASHINGTON, Respondent, v. JEREMY RAY FORINASH a.k.a JEREMY RAY COLE, Appellant.
UNPUBLISHED OPINION
PER CURIAM.
Jeremy Forinash challenges legal financial obligations (LFOs) imposed following his convictions for misdemeanor and felony harassment. Gallagher contends, and the State concedes, that the trial court erred in imposing the $100 DNA (deoxyribonucleic acid) collection fee due to evidence that he suffers from a mental health condition. See RCW 9.94A.777 (1), (2). The State further concedes that because the court found Forinash suffers from a diagnosed mental illness and does not possess any ability to pay non-mandatory LFOs, "[t]he record here is sufficient to conclude that the trial court also should have waived the $100 DNA fee under RCW 9.94A.777." We accept the State's concessions and remand for the court to strike the DNA fee, from Forinash's judgment and sentence.