STATE v. OLIVERA-MADRIGAL, 56720-9-I (Wash.App. 7-9-2007)

No. 56720-9-I.The Court of Appeals of Washington, Division One.
July 9, 2007.

Appeal from a judgment of the Superior Court for Skagit County, No. 03-1-00766-7, John M. Meyer, J., entered July 15, 2005.

Affirmed by unpublished per curiam opinion.

PER CURIAM.

Appellant Rodolfo Olivera-Madrigal appeals the judgment and sentence entered following his conviction for third degree child molestation. 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.