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STATE v. MOON

No. 21444-3-III.

100 P.3d 357 (2004)

STATE of Washington, Respondent, v. George Ralph MOON, Appellant.

Court of Appeals of Washington, Division 3, Panel Three.

November 16, 2004.

Attorney(s) appearing for the Case

Samuel P. Swanberg, Attorney at Law, Kennewick, WA, for Appellant.

David W. Corkrum, Attorney at Law, Pasco, WA, for Respondent.

BROWN, J.

George R. Moon was charged with first degree rape and first degree burglary. A jury found Mr. Moon guilty solely of the burglary. At sentencing, the court imposed $5,750 in lab fees for DNA testing against Mr. Moon. Mr. Moon contends the court erred in imposing these fees because he was acquitted of the rape charge. Mr. Moon asks us to interpret RCW 43.43.690 as meaning he must be "adjudged guilty" of the particular crime for the statute to apply. At oral...

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