Beruflich Dokumente
Kultur Dokumente
STATE OF WASHINGTON, )
)
Plaintiff, ) No. 06·1·03230·2 SEA
)
Vs. ) JUDGMENT~~SENTENCE
) FELONY
MARK W. RATHBUN )
)
_______________~D~efl~en~d~a~m~,__)
I. HEARING
1.1 The defendant, the defendant's lawyer, EVGENIYA MORDEKHOVA, and the deputy prosec';)1i,ng attorney
were present al the senlencing hearing conducted today. Others present were: . •. . ",s.~__
.'"
II. FINDINGS
There being no reason why judgment should not be pronounced, the court finds:
2.1 CURRENT OFFENSE(S): The defendant was found gnilty on 10/1312008 by jury verdict of:
2.2 OTHER CURRENT CONVICTION(S): Other current convictions listed onder different cause numbers used
in calcnlating the offender score are (list offense and cause number): _ _ _ _ _ _ _ _ _ _ _ _ _ __
2.3 CRIMINAL mSTORY: Prior convictions constituting criminal bistory for purposes of calculating the
offender score are (RCW 9.94A.525):
[X] Criminal bistory is attached in Appendix B.
[ lOne point added for offense(s) committed while under community placement for cOlillt(s) _ _ _ _ _ __
24 SENTENCING DATA-
Sentencing Offender Seriousness Standard Total Standard Maximum
Dat. Score Level Range Enhancement Range Term
Count I 127 VII 87 TO 116 87TO 116 LIFE
MONTIIS AND/OR
$50,000
ConntIT 140 ;;;W <249. TO 31~ 2ie TO .H LIFE
'JJ.O-- tfto ~ONTHS Ai'lD/OR
fC\ ~o~280 $50,000
COUlltIll 127 VII 87 TO 116 87 TO 116 LITE
MONTHS AND/OR
$50,000
COUlltIV 0 :;m; 93 'FO 123 !l3 10 m LITE
1S-IO~ ~NTHS AND/OR
i\ -tQ2... $50,000
ffi. JUDGMENT
IT IS ADJUDGED that defendant is guilty of the current offenses set forth in Section 2.1 above and Appendix A.
[ 1The Court DISMISSES COUllt(S) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
IT IS ORDERED that the defendant serve the determinate sentence and abide by the other terms set forth below.
4.2 OTHER FINANCIAL OBLIGATIONS: Having cOllBidered the defendant's present and likely futmc
fmancial resources, the Court conclndes that the defendant has the present or likely future ability to pay the
fmancial obligations imposed. The Court waives financial obligation(s) that are checked below because the
defendant lacks the present and future ability to pay them Defendant shall pay the following to the Clerk of this
Court:
(a) [ ] $ , Court costs; [t<l Court costs are waived; (RCW 9.94A.030, 10.01.160)
(b) [,<J $100 DNA collection fee; [ .) DNA fee waived (RCW 43.43.754)(crimes committed after 7/1/02);
(e) [ ) $ , King County Interlocal Drug Fund; ["'] Drug Fund payment is waived;
(RCW 9.94A.030)
(f) [ 1$_ _ _--', State Crime Laboratory Fee; [Y-] Laboratory fee waived (RCW 43.43.690);
(g) [ ] $,_ _ _ _ ,_, Incarceration costs; IN Incarceration costs waived (RCW 9.94A.760(2));
(h) [ ] $ ,Other costs for: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
0{- """'\'~"'"~
4.3 PAYMENT SCHEDULE: Defendant's TOTAL FINANCIAL OBLIGATION is: $ (900 . The
payments shalI be made to the King County Superior Court Clerk according to the rules o[the Clerk and the
following ternls: [ lNot less than $ _ _ per month; [ AI. On a schedule established by the defendant's
Conununity Corrections Officer or Departtnent of Judicial Administration (DJA) Collections Officer. Financial
obligations shall bear interest pursuant to RCW 10.82.090. The Defendant shall remain under the Court's
jurisdiction to assure payment of financial obligations: for crimes committed before 7/1/2000, for up to
ten years from the date of sentence or release from total confinement, whichever is later; for crimes
committed on or after 711/2000, until the obligation is completely satisfied. Pursuant to RCW 9.94A.7602,
if the defendant is more thao 30 days past due in payments, a notice of payroll deduction may be issued without
further notice to the offender. Pursuant to RCW 9.94A.760(7)(b), the defendant shall report as directed by DJA
and provide financial information as requested.
[ f] Court Clerk's trust fees are waived.
[ )'-l Interest is waived except with respect to restitution.
(a) DETERMINATE SENTENCE: Defendant is sentenced to a term of confinement in the custody of the
[ 1King County Jail [ 1King County WorkfEducation Release (subject to conditions of conduct ordered
this date) ['1<] Department of Corrections, as follows, commencing: [;<J innnediately;
[ 1Date: by a.m. / p,m.
[ 1FOR CONFINEMENT LESS THAN ONE YEAR (e,;cept for Failure to Register as a Sex
Offender under RCW 9A,44.130(1l)(a) committed on or after 6-7-06) as to Counts ===.,,--__.
COMMUNITY [ 1SUPERVISION, for crimes connnitted before 7-1-2000, [ 1CUSTODY, for
crimes connnitted on or after 7-1-2000, is ordered pursuant to RCW 9.94A.545 for a period of 12 months.
TIlC defendant shall report to the Department of Corrections within 72 hours of this date or ofhislher
release ifnow in custody; shall comply with all the rules, regulations and conditions of the Department for
supervision of offenders (RCW 9.94A.720); shall comply with all affirmative acts required to monitor
compliance; and shall otherwise comply with terms set forth in this sentence.
[ 1APPENDIX _ _, Additional Conditions are attached and incorporated herein.
[)<J COMMUNITY PLACEMENT (CONFINEMENT OVER ONE YEAR) as to Counts:I ~4l:
pursuant to RCW 9.94A.700, for qualifying crimes committed before 6-6-1996, is ordered for
-;-:--;-_-:-months or for the period of earned early release awarded pursuant to RCW 9.94A.728,
whichever is 10'1ger. [24 months for any serious violent offense, vehicular homicide, vehicular assault, or
sex offense prior to 7-6-96; 12 months for any assault 2°, assault ofa child 2°, felony violation ofRCW
69.50/52, any crime against person defined in RCW 9.94A.440 not otherwise described above.]
[ 1APPENDIX H, Community Placement conditions, is attached and incorporated herein.
1K1 COMMUNITY CUSTODY (CONFINEMENT OVER ONE YEAR) as to Counts ill - 'ill
pursuant to RCW 9 .94A. 710 for any SEX OFFENSE committed on or after 6-6-1996 but before 7-1-
2000, is ordered for a period of36 months orfor the period of earned early release awarded under RCW
9.94A.728 whichever is longer.
[ lAPPENDIX H, Community Custody conditions, is attached and incorporated herein.
Rev. 10/06 4
[ 1COMMUNITY CUSTODY (CONFINEMENT OVER ONE YEAR) as to Couuts ....,,-,--:--:---:-.
pursuant to RCW 9.94A.71S for qualifying crimes (non RCW 9.94A.712 offenses) committed after 6-
30-2000 is ordered for the following established range:
[ 1Sex Offense, RCW 9.94A.030(38): 36 to 48 months
[ 1Serious Violent Offense, RCW 9.94A.030(37): 24 to 48 months
[ 1Vio1enl Offense, RCW 9.94A.030(45): 18 to 36 months
[ 1Crime Against Person, RCW 9.94A.41I: 9 to 18 months
[ 1Felony Violation ofRCW 69.50152: 9 to 12 months
or for the entire period ofeamed early release awarded under RCW 9.94A.728, whichever is longer.
Sanctions and punishments for non-compliance wlIl be imposed by the Department of Corrections pursuant
to RCW 9.94A.737.
[ ]APPENDIX H, Community Cnstody conditions, is attached and incorporated herein.
Count
- -: Minimum Term: monthsldays; Maximum Term: years/life;
Count
- -: Minimum Term: montbsfdays; Maximum Term: yem·s/life.
The above terms shall run [XI CONSECUTNE [ ] CONCURRENT to canse No.(s) _ _ _ _ _ _ __
hI>. ~or L:I- 1\0 ~A Q~lqO:S-
The above terms shall run [~CONSECUTIVE [ 1CONCURRENT to any previously imposed sentence not
referred to in this order.
1In addition to the above term(s) the court imposes the following mandatory terms of continementfor any
special WEAPON finding(s) in section 2.1:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
which term(s) shall run consecutive with each other and with all base tenn(s) above and terms in any other
cause. (For crimes committed after 6-10-1998.)
J The enhancement tenn(s) for any special WEAPON rmdings in section 2.1 islare included within the
term(s) imposed above. (For crimes before 6·11-1998 only, per InRe Charles)
The TOTAL of all terms imposed in this canse is \ ( 2.. c) 0 months. Ct toC> ~) i2-
Rev. 10106 5
Credit is given for [ 1 days served [)<..] days as determined by the King County Jail, solely for
confinement under this cause number pursuant to RCW 9.94A505(6). [ J JaiJ term is satisfied and defendant
shaJJ be released under this cause.
4.6 NO CONTACT: For the maximum term of \...!:R? ~,defendant shall have no contacl, direct or
indirect, in person, in writiog, by telephone, or through third parties with: _ . -
,
[ ] Any minors without supervision of a responsible adult who has knowledge of this conviction.
4.7 DNA TESTING: The defendnnt shall have a biological sample collected for purposes of DNA identification
analysis and fue defendant shall fully cooperate in the testiog, as ordered in APPEl\'DIX G.
[.LJ mv TESTL"lG: For sexual offense, prostitution offense, drug offense associated with the use of
hYpodennic needles, the defendant shall submit to HIV testing as ordered in APPENDIX G.
4.9 [ 1ARi.V1ED CRIME COMPLIANCE, RCW 9.94A.475,.480. The State's plea/sentencing agreement is
[ ]attached [ las follows:
Rev. 10/06 6