IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION THREE

STATE OF WASHINGTON,

Respondent,

v.

TIMOTHY EDWARD NATION,

Appellant.

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No. 39149-3-III

UNPUBLISHED OPINION

LAWRENCE-BERREY, J. — Timothy Nation appeals the trial court’s imposition of a 

victim penalty assessment (VPA) and DNA collection fee due to recent legislation. The 

State concedes. We accept the State’s concession and remand for the sentencing court to 

strike both legal financial obligations (LFOs) from Mr. Nation’s judgment and sentence.

FACTS

A jury convicted Timothy Nation of custodial assault. During sentencing, defense 

counsel asked the trial court to waive all discretionary fines because Mr. Nation was 

disabled and received disability payments as income. The court agreed, but noted that 

there were mandatory fines that could not be waived. As a result, the court imposed a 

mandatory $500 VPA and a mandatory $100 DNA collection fee. Mr. Nation timely 

appealed.

FILED

FEBRUARY 6, 2024

In the Office of the Clerk of Court

WA State Court of Appeals, Division III
No. 39149-3-III

State v. Nation

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ANALYSIS

Mr. Nation contends the VPA and the DNA collection fees must be struck from his 

judgment and sentence due to changes in the law. The State concedes. We accept the 

State’s concession.

VPA

Under former RCW 7.68.035(1)(a) (2018), the sentencing court was required to 

impose a VPA on any individual found guilty of a crime. Effective July 1, 2023, 

the legislature amended RCW 7.68.035 to preclude superior courts from imposing a 

VPA on a defendant who, at the time of sentencing, is found to be indigent as defined in 

RCW 10.01.160(3). See LAWS OF 2023, ch. 449, § 1(4). Statutory amendments related to 

LFOs imposed upon conviction generally apply to all cases pending on direct appeal that 

are not yet final. See, e.g., State v. Wemhoff, 24 Wn. App. 2d 198, 201-02, 519 P.3d 297 

(2022); State v. Ramirez, 191 Wn.2d 732, 749, 426 P.3d 714 (2018).

Mr. Nation’s case is pending on direct appeal and is not yet final. And although 

the sentencing court did not check the indigency box on Mr. Nation’s judgment and 

sentence, it seemed to have found him to be indigent based on its decision to impose only 

mandatory LFOs. Therefore, the amended statute applies, and we direct the sentencing 

court to strike the VPA from his judgment and sentence.
No. 39149-3-111 

State v. Nation 

DNA collection fee 

Similarly, under former RCW 43.43.7541 (2018), the sentencing court was 

required to impose a DNA collection fee of $100 for every sentence imposed for the 

crimes specified in RCW 43.43.754. Effective July 1, 2023, the legislature amended 

RCW 43.43.7541 by removing language that authorized imposition of the DNA collection 

fee. See LAWS OF 2023, ch. 449, § 4. Again, the new statute applies to Mr. Nation's case 

because it is pending on direct appeal. We therefore direct the sentencing court to strike 

the DNA collection fee from his judgment and sentence. 

Affirmed, but remanded to strike the VPA and DNA collection fees. 

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. 

Lawrence-Berrey, J. 

WE CONCUR: 

Fearing,~ > 

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