State v. Brewster

¶1 This case requires us to decide whether the saving statute applies to the deoxyribonucleic acid (DNA) collection fee provision. Because the saving statute, chapter 10.01 RCW, applies only to criminal and punitive enactments and the DNA fee is not punitive, the saving clause does not apply, and the provision in effect at the time of sentencing controls. Brandy Brewster’s sentence *858for possession of cocaine therefore correctly includes the mandatory DNA fee.

FACTS

¶2 Brandy Brewster was arrested on November 15,2006 for possession of cocaine. She was convicted following a trial. At sentencing,…