State Of Washington v. Michael Christopher Shelton

¶1 — For the first time on appeal, Michael Shelton contends that as applied to an indigent defendant, the statute that requires imposition of a mandatory deoxy-ribonucleic acid (DNA) fee violates substantive due process. Shelton also challenges the requirement to obtain a mental health evaluation. Because the substantive due process challenge to the DNA fee statute is not ripe for review and is not manifest constitutional error under RAP 2.5(a)(3), we affirm imposition of the DNA fee but remand to determine whether the statutory requirements to order a mental health evaluation are met.

¶2 On…