Washington v. Ramirez

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A jury convicted David Ramirez of third degree assault and possession of a controlled substance, and found by special verdict that he committed the assault with sexual motivation and displayed an egregious lack of remorse. After sentencing, Ramirez presented a notice of appeal and a motion for an order of indigency, which the the trial court granted. Prior to imposing his legal financial obligations, the trial court asked only two questions relating to Ramirez' then-current and future ability to pay, both of which were directed to the State. The trial court did not ask Ramirez directly about his ability to pay at any point during sentencing. The Washington Supreme Court found that a trial court has an obligation to conduct an individualized inquiry into a defendant's current and future ability to pay before imposing legal financial obligations at sentencing. An adequate inquiry must include consideration of certain mandatory factors, including the defendant's incarceration and other debts, and the court rule GR34 criteria for indigency. The Court reversed the Court of Appeals and remanded this case for the trial court to strike the improperly imposed LFSs from Ramirez's judgment and sentence. View "Washington v. Ramirez" on Justia Law