STATE v. McDONOUGH, 56864-7-I (Wash.App. 7-9-2007)

THE STATE OF WASHINGTON, Respondent, v. SCOTT FRANCIS McDONOUGH, Appellant.

Nos. 56864-7-I; 56865-5-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[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeals from judgments of the Superior Court for King County, Nos. 04-1-14085-1 and 04-1-06993-5, Nicole MacInnes, J., entered August 15, 2005.

Affirmed by unpublished per curiam opinion.

PER CURIAM.

Appellant Scott McDonough appeals the judgment and sentence entered following appellant’s convictions for five counts of burglary in the second degree. 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.