State Of Washington, V Jarqueica Hicks, 49479-5

Hicks was charged with second-degree assault (count I), fourth-degree assault (count II), and third-degree malicious mischief (count III) arising from a domestic dispute.
At trial four State witnesses and two defense witnesses testified; all were lay witnesses—no expert testimony was presented.
The jury acquitted Hicks on count I and convicted her on counts II and III.
The written judgment and sentence mistakenly lists the counts sentenced as I and II (scrivener’s error) instead of II and III.
The sentencing court imposed various legal financial obligations, including a $100 contribution to the Kitsap County Expert Witness Fund despite no expert testimony or expense.
Hicks appealed; the State conceded the expert fund assessment and the scrivener’s error were erroneous and should be corrected.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court could impose $100 expert witness fund fee when no expert testified	Hicks: fee improper because State incurred no expert expense	State: concedes error	Court: fee improper under RCW 10.01.160(2); strike the expert witness fund obligation
Whether the judgment contains a scrivener’s error misstating sentenced counts	Hicks: judgment incorrectly lists counts I and II instead of II and III	State: concedes clerical mistake	Court: constitutes a scrivener’s error; remand to correct the judgment and sentence

State v. Bahl, 164 Wn.2d 739 (2008) (sentencing errors may be raised for the first time on appeal)
State v. Hathaway, 161 Wn. App. 634 (2011) (trial court’s authority to impose costs and fees is statutory)
State v. Davis, 160 Wn. App. 471 (2011) (definition and correction of scrivener’s error in judgment)
Presidential Estates Apartment Assocs. v. Barrett, 129 Wn.2d 320 (1996) (clarifies clerical mistake correction principles)
State v. Snapp, 119 Wn. App. 614 (2004) (amending judgment to reflect trial court’s intent)
State v. Makekau, 194 Wn. App. 407 (2016) (remedy for scrivener’s error is remand for correction)