STATE v. MATTHEWS, 124 Wn. App. 1008 (2004)

No. 53663-0-IThe Court of Appeals of Washington, Division One.
Filed: November 8, 2004 UNPUBLISHED OPINION

Appeal from Superior Court of King County. Docket No. 03-1-02461-5. Judgment or order under review. Date filed: 01/05/2004. Judge signing: Hon. Ronald Kessler.

Counsel for Appellant(s), Gregory Charles Link, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.

Joseph D. Matthews (Appearing Pro Se), Doc# 975435, Airway Heights Corr. Center, P.O. Box 1899, Airway Heights, WA 98001-1839.

Counsel for Respondent(s), Carla Barbieri Carlstrom, King Co Prosecutor’s Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.

PER CURIAM.

Joseph Matthews a/k/a Samuel Matthews appeals the sentence imposed following his conviction for burglary in the second degree. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate both his Fourth Amendment right against unreasonable searches, and his privacy rights under article I, section 7 of the Washington Constitution. These arguments are controlled by our decision in State v. Surge, No. 51954-9, 2004 WL 1551561 (Wash.Ct.App. July 12, 2004) (holding that Fourth Amendment argument is controlled by State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993), and rejecting argument based on the Washington Constitution and State v. Lucas, 56 Wn. App. 236, 783 P.2d 121 (1989)).

Affirmed.

GROSSE, J., COX, C.J. and ELLINGTON, A.C.J.