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State v. Logan

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Sep 24, 2012
No. 67476-5-I (Wash. Ct. App. Sep. 24, 2012)

Opinion

67476-5-I

09-24-2012

STATE OF WASHINGTON, Respondent, v. MICHAEL PAUL LOGAN, Appellant.


UNPUBLISHED OPINION

PER CURIAM.

Michael Logan appeals the sentence imposed following his guilty plea to first degree malicious mischief domestic violence. Logan contends the court's finding that he "has the present or likely future ability to pay the financial obligations imposed" is not supported by the record and must be stricken. He does not challenge the mandatory financial obligations imposed by the court – i.e. the victim's penalty assessment and DNA collection fee. Rather, he seeks only to strike the finding regarding his ability to pay. But, the trial court is not required to enter findings regarding a defendant's ability to pay before it orders the defendant to pay financial obligations. State v. Curry, 118 Wn.2d 911, 916, 829 P.2d 166 (1992). The proper time to consider the defendant's ability to pay "is the point of collection and when sanctions are sought for nonpayment." State v. Blank, 131 Wn.2d 230, 242, 930 P.2d 1213 (1997); State v. Crook, 146 Wn.App. 24, 189 P.3d 811 (2008). Therefore, even if erroneous, the challenged finding is immaterial and does not warrant relief. State v. Caldera, 66 Wn.App. 548, 551, 832 P.2d 139 (1992).

Affirmed.


Summaries of

State v. Logan

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE
Sep 24, 2012
No. 67476-5-I (Wash. Ct. App. Sep. 24, 2012)
Case details for

State v. Logan

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. MICHAEL PAUL LOGAN, Appellant.

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

Date published: Sep 24, 2012

Citations

No. 67476-5-I (Wash. Ct. App. Sep. 24, 2012)