FILED 

NOVEMBER 29, 2016 

In the Office of the Clerk of Court 

WA State Court of Appeals, Division Ill 

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON 

DIVISION THREE 

STATE OF WASHINGTON, 

Respondent, 

V. 

TONY A LEIGH KIEHN, 

Appellant. 

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No. 33830-4-111 

UNPUBLISHED OPINION 

Pennell, J. -Tonya Leigh Kiehn appeals from the 2015 Adams County Superior 

Court's denial of her motion to remit payment oflegal financial obligations (LFOs). 

After Ms. Kiehn filed her appeal, the superior court entered an order remitting the LFOs 

and waiving the accrued interest. In the interests of justice, we grant authority to the 
No. 33830-4-111 

State v. Kiehn 

superior court nunc pro tune to enter the order of remission, and dismiss her appeal as 

moot. RAP l.2(a), 7.2(e), 12.2. 

DISCUSSION 

Ms. Kiehn pleaded guilty in November 2008 to third degree theft. At sentencing, 

the Adams County Superior Court imposed the following LFOs: $200 filing fee; $500 

victim assessment; $30 sheriffs fee; $500 for the court-appointed attorney; and a $500 

fine. Ms. Kiehn had already paid $3,000 in restitution. She moved for remission of her 

LFOs in September 2015, presenting evidence that she was homeless and that her entire 

income consisted of social security disability payments and food stamps. The superior 

court denied Ms. Kiehn's motion to remit, but reduced her monthly obligation to $5.00. 

Ms. Kiehn appealed. 

After Ms. Kiehn filed her appeal, the Washington Supreme Court decided City of 

Richlandv. Wakefield,_ Wn.2d _, 380 P.3d 459 (2016). Wakefield holds that a 

court is prohibited from ordering a defendant to pay LFOs if their only source of income 

is social security disability benefits, or if they or their family would otherwise suffer a 

manifest hardship by payment of LFOs. Id. at 464-66. In light of Wakefield, the State 

filed a motion to strike oral argument and moved in superior court for an order for 

remission of Ms. Kiehn's LFOs. Despite the fact that the superior court did not have 

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No. 33830-4-111 

State v. Kiehn 

approval from this court1 to address a decision currently under review, the superior court 

remitted Ms. Kiehn's outstanding LFOs and waived the accrued interest. 

Here, as in Wakefield, the appellant's sole current sources of income are her social 

security disability benefits and food stamps. Accordingly, we agree with·the parties that 

payment of the LFOs would impose a manifest injustice on Ms. Kiehn. Normally, we 

would then remand the matter to the superior court for entry of an order remitting the 

outstanding LFOs and interest. See Wakefield, 380 P.3d at 464. Here, however, the State 

moved for and obtained an order of remission without seeking the permission of this 

court. See RAP 7 .2( e ). Because we have the authority to liberally construe the rules to 

promote justice (RAP 1.2(a)), and may take any action that the merits of the case and the 

interests of justice may require (RAP 12.2), we grant authority to the superior court nunc 

pro tune to enter the order remitting Ms. Kiehn's LFOs and accrued interest. 

CONCLUSION 

Ms. Kiehn thus has the relief she requested, and neither party contends her case 

implicates the kind of continuing and substantial public interest that justifies further 

review. See State v. Hunley, 175 Wn.2d 901,907,287 P.3d 584 (2012) (issues that are 

1 A party must seek permission from this court prior to filing a postjudgment 

motion in the trial court if the trial court determination will change a decision currently 

being reviewed by this court. RAP 7 .2( e ). 

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No. 33830-4-111 

State v. Kiehn 

technically moot may still be retained and decided if they involve matters of continuing 

and substantial public interest). Accordingly, we dismiss this appeal as moot. 

A majority of the panel has determined this opinion will not be printed in the 

Washington Appellate Reports, but it will be filed for public record pursuant to RCW 

2.06.040. 

~ ·ct 

Pennell, J. 

WE CONCUR: 

,:jz ll,o tO ' ;t Siddoway, J. ~ ' 

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