SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTYVs.STEVEN CRAIG POWELL,STATE OF WASHINGTONPlaintiff,DEFENSE MOTIONS ONSENTENCING:(1) DOUBLE JEOPARDY -UNITOF PROSECUTION
(2) SAME CRIMINAL CONDUCTCAUSE NO. 11-1-03893-1Defendant.
COMES NOW THE DEFENDANT, STEVEN CRAIG POWELL, by andthrough his Attorneys Mark Quigley and Travis Currie, and hereby moves this court forthe following:(1) An order dismissing 12 of the 14 counts of Voyeurism based on a violation ofhis constitutional right to be free from double jeopardy guaranteed by the FifthAmendment of the United States Constitution. This motion is based on the FifthAmendment of the U.S. Constitution, Washington Constitution,
I, sec. 9, thememorandum of counsel, the file and record herein, and the evidence produced at trial.(2) The Defense also moves this Court to find that any remaining counts as toeach respective victim amount to the "same criminal conduct" for purposes of sentencingunder RCW 9.94A.589.
I. PROCEDURAL HISTORY
The Pierce County Prosecuting Attorney originally charged the Defendant, StevenPowell, by way of Information, filed on September 23, 201 1, with 14 counts ofMotion to Dismiss CountsDouble Jeopardy Page 1 of 13
E-FILEDIN COUNTY CLERK'S OFFICEPIERCE COUNTY, WASHINGTONJune 07 2012 4:03 PMKEVIN STOCKCOUNTY CLERK