STATE v. W.D.S., 55435-2-I (Wash.App. 7-16-2007)

THE STATE OF WASHINGTON, Respondent, v. W.D.S., Appellant.

No. 55435-2-I.The Court of Appeals of Washington, Division One.
July 16, 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[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 04-8-02706-5, Harry J. McCarthy, J., entered December 15, 2004.

Affirmed
by unpublished per curiam opinion.

PER CURIAM.

Appellant W.S. appeals the judgment and sentence entered following his conviction in juvenile court for second degree taking a motor vehicle without permission. 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.

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