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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II
STATE OF WASHINGTON, Petitioner, v. ANDRE CHRISTOPHER WATKINS, Appellant. UNPUBLISHED OPINION No. 42621-8-II

Johanson, A.C.J. -- Andre Watkins appeals from his judgment and sentence, arguing that the trial court erred in finding that he had the present or likely future ability to pay legal financial obligations. We affirm.1 After a bench trial, the trial court found Watkins guilty of failure to register as a sex offender. At sentencing, the State asked the trial court to impose the following legal financial obligations: $500 victim assessment, $200 criminal filing fee and $100 DNA collection fee. Watkins, who waived his right to be represented by counsel, did not address the request for legal financial obligations. The court imposed the legal financial obligations requested by the State. Watkins's judgment and sentence provides that: The court has considered the total amount owing, the [defendant's] past, present
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A commissioner of this court initially considered Watkins's appeal as a motion on the merits under RAP 18.14 and then transferred it to a panel of judges.

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and future ability to pay legal financial obligations, including the defendant's financial resources and the likelihood that the defendant's status will change. The court finds that the defendant has the ability or likely future ability to pay the legal financial obligations imposed herein. Clerk's Papers at 23. Watkins argues that the trial court erred in finding that he had the current or likely future ability to pay the legal financial obligations imposed by the court because nothing in the record supported that finding. State v. Bertrand, 165 Wn. App. 393, 404, 267 P.3d 511 (2011), review denied, 175 Wn.2d 1014 (2012). Before making such a finding, the trial court must take "into account the financial resources of the defendant and the nature of the burden" imposed by the legal financial obligations. Bertrand, 165 Wn. App at 404 (quoting State v. Baldwin, 63 Wn. App. 303, 312, 818 P.2d 1116, 837 P.2d 646 (1991)). But Bertrand did not address which, if any, of the legal financial obligations that the trial court imposed were mandatory.2 A $500 victim assessment is required by RCW 7.68.035,

irrespective of the defendant's ability to pay. State v. Curry, 62 Wn. App. 676, 680, 814 P.2d 1252 (1991), aff'd, 118 Wn.2d 911, 829 P.2d 166 (1992). A $100 DNA collection fee is required by RCW 43.43.7541, irrespective of the defendant's ability to pay. State v. Thompson, 153 Wn. App. 325, 336, 223 P.3d 1165 (2009). And a $200 criminal filing fee is required by RCW 36.18.020(2)(h). Because the legal financial obligations were mandatory, the trial court's finding of Watkins's current or likely future ability to pay them is surplusage and Watkins is not

2

Bertrand is further distinguished because (1) Bertrand preserved her challenge and (2) she was ordered to begin to pay her legal financial obligations 60 days after entry of her judgment and sentence. A challenge to the imposition of legal financial obligations is ripe for review only when the government seeks to collect the obligation. State v. Baldwin, 63 Wn. App. 303, 310, 818 P.2d 1116, 837 P.2d 646 (1991). 2

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prejudiced by the lack of support in the record for that finding.

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We affirm Watkins's judgment and sentence. A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.

Johanson, A.C.J. We concur:

Quinn-Brintnall, J. Van Deren, J.

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