Filed Washington State Court of Appeals Division Two March 29, 2022 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II STATE OF WASHINGTON, No. 54284-6-II Respondent, v. ADRIAN ALVAREZ, UNPUBLISHED OPINION Appellant. GLASGOW, A.C.J.—Jayden Montgomery-Fisher, Joshua Soria, and Adrian Alvarez drove up next to another car occupied by Robert Doss II and Auzhane Evans one night in 2018. The person in the back seat of Montgomery-Fisher’s car fired shots killing Doss and injuring Evans. All three men in Montgomery-Fisher’s car were charged with murder. Montgomery-Fisher and Soria pleaded guilty and testified for the State at Alvarez’s trial. They said that Alvarez shot Doss and Evans from the back seat. Evans testified that the shooter was wearing a hooded sweatshirt and was in the back seat. A jury convicted Alvarez of first degree murder for killing Doss, first degree attempted murder for injuring Evans, and drive-by shooting. Alvarez first asserts that his counsel made a racially derogatory remark directed at him, and the trial court abused its discretion by denying him substitute counsel. Alvarez also contends that defense counsel should have sought, and the trial court should have given the jury, a cautionary instruction regarding accomplice testimony. He argues the to convict jury instructions lacked an essential element, the prosecutor committed misconduct, his drive-by shooting conviction violated double jeopardy, and the trial court erred by not considering Alvarez’s youth at sentencing. Alvarez No. 54284-6-II further argues, and the State concedes, that the trial court improperly failed to enter written findings of fact to support an exceptional sentence and two legal financial obligations (LFOs) should be stricken. Finally, Alvarez filed a statement of additional grounds for review (SAG). We affirm Alvarez’s convictions. We remand for the trial court to enter written findings to support Alvarez’s exceptional sentence upward, strike the community custody supervision fee from his judgment and sentence, and investigate the DNA collection fee. We otherwise affirm Alvarez’s sentence. Alvarez is not entitled to resentencing at this time. FACTS I. BACKGROUND Doss shot Arnelle Anderson, a member of a rival gang, in May 2018. Anderson survived the shooting, but he did not seek police assistance or cooperate with law enforcement, and Doss was never prosecuted. Montgomery-Fisher, Soria, and Alvarez were in the same gang as Anderson. Two months later, the three men were driving around Tacoma. Montgomery-Fisher was in the driver’s seat, Soria was in the front passenger seat, and Alvarez was in the back seat. They stopped their car to ask two men in a 7-Eleven and a pedestrian about their gang affiliation. Both encounters ended peacefully. Then the three men pulled up alongside a car with Doss in the passenger seat and Evans in the driver’s seat. Montgomery-Fisher asked Doss where he was from. Doss replied by identifying his gang. Montgomery-Fisher drove his vehicle forward as the back window rolled down, and several shots were fired from the rear passenger window into Evans’s car. The shots killed Doss and wounded Evans’s hand. 2 No. 54284-6-II Detective …
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