THE STATE OF WASHINGTON, Respondent, v. HALFRED TYREE CATER, Appellant.

No. 54984-7-I.The Court of Appeals of Washington, Division One.
July 9, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from a judgment of the Superior Court for King County, No. 03-1-04289-3, Douglass A. North, J., entered September 7, 2004.

Affirmed
by unpublished per curiam opinion.

PER CURIAM.

Appellant Halfred Cater appeals the judgment and sentence entered following appellant’s conviction for possession of cocaine with intent to manufacture or deliver. Having been convicted of a felony, under RCW 43.43.754 appellant was ordered to provide a biological sample for DNA identification analysis and inclusion in the State’s DNA database. Appellant contends that this requirement violates the Fourth Amendment to the United States Constitution and Article 1, section 7 of the Washington Constitution. Appellant’s arguments were recently rejected by the Washington Supreme Court in State v. Surge, ___ Wn.2d ___, 156 P.3d 208
(2007). There are no other issues raised on appeal.

Affirmed.