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FILED

(nUB DEC - 8 Pfi 3: 4[J

CERTIFIED CO?yTO coUNTY JAlL DEC- 8 2008


SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

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:

Count No.: ..!1~_ _ _ Crime: BURGLARY IN THE FIRST DEGREE


RCW 9A.52.020 Crime Code: -'0""2""3"'06L.._ _ _ _ _ _ _ _ _ __
Date of Crime: 0511311996 IneidentNo. _ _ _ _ _ _ _ _ _ _ _ _ _ __

ConnINo.: II Crime: RAPE IN THB FIRST DEGREE


RCW 9A,44.040 (Jl (dl Crime Code: ""0""0""72"'6'--_ _ _ _ _ _ _ _ _ _ __
Dale of Crime: 0511311996 Incident No. _________________

Count No.: ..!1I!dI_ _ _ Crime: BURGLARY IN THE FIRST DEGREE


RCW 9A.52.020 Crime Code: ~0""2,,,,3!l'06L-_ _ _ _ _ _ _ _ __
Date of Crime: 0810111996 IneidentNo. _ _ _ _ _ _ _ _ _ _ _ __

CounINo.: IV Crime:..JRAP~i:!E..,IN!£i..TH!UE~FIRS~UT..!DllE""GJlR51El!EL_ _:_:c_-----------


RCW 9A.44.040 (]l(dl Crime Code: ~O""0"'72"'6L__ _ _ _ _ _ _ _ __
Date of Crime: 08/0111996 IncidenlNo. _ _ _ _ _ _ _ _ _ _ _ __

[Xl Additional current offenses are attached in Appendix A

Rev. 12/03 . jmw 1


SPECIAL VERDICT or FINDING(S):

Ca) [J Wltile anned with a firearm in coonlCs) RCW 9.94A.510(3).


(b) [] Wltile anned with a deadly weapon other than a flIeannin coont(s) RCW 9.94A.510(4).
(c) [] With a sexnal motivation in coont(s) RCW 9.94A.835.
(d) [] A V.U.C.S.A offense committed in a protected zone in coonl(S) RCW 69.50.435.
(e) [1Vehicular homicide [ ]Violenttraffic offense []DUI [ 1Reckless [ ]Disregard.
(f) [] Vehicular homicide by DUI with prior conviction(s) for offense(s) defined in RCW 41.61.5055,
RCW 9.94A.510(7).
(g) [ ] Non"parental kidnapping or unlawful imprisonrnenlwith a minor victhn. RCW 9A.44.130.
(h) [ ] Domestic violence offense as defined in RCW 10.99.020 for count(s), _ _ _ _--:-_ _ _ _ _ __
(i) [ ] Current offenses encompassing tile same criminal condnct in this cause are count(s) RCW
9.94A.589(1)(a).

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

[X1 Additional current offense sentencing data is attached in Appendix C.

2.5 EXCEPTIONAL SENTENCE (RCW 9.94A.535):


[)<o] Substantial and compelling reasons exist wbich justify a sentence abovelbelow the standard range for
Coont(s) -;:g; . Findings of Fact and Conclusions of Law are attached in
Appendix D. The State [x;J did [ ] did not recommend a similar sentence.

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) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~

Rev. 12/03 -jmw 2

--- --_ .. _-------


IV. ORDER

IT IS ORDERED that the defendant serve the determinate sentence and abide by the other terms set forth below.

4.1 RESTITUTION AND VICTIM ASSESSMENT:


[ ] Defendant shall pay restitution to the Clerk of this Court as set forth in attached Appendix E.
[ ) Defendant shall not pay restitution because the Court finds that extraordinary circumstances exist, and the
court, pursuant to RCW 9.94A.753(2), sets forth those circumstances in attached Appendix E.
[t:) Restitution to be determined at future restitution hearing on (Date) at ro.
()c.)Date to be set.
[)4 Defendant waives presence at future restitution hearing(s).
[ ) Restitution is not ordered.
Defendant shall pay VictirnPenalty Assessment pursuant to RCW 7.68.035 in the arnoIDlt of $500.

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);

(c) [ 1$ , Recoupment for attorney's fees to King CouutyPublic Defense Programs;


[ 1Recoupment is waived (RCW 9.94A.030);
(d) [ 1$ ,Fine; [ ]$1,000, Fine for VUCSA; J;.(j$2,000, Fine for subsequent VUCSA;
I)....,]VUCSA fine waived (RCW 69.50.430);

(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.

Rev. 12/03 -jmw 3


4.4 'The defendant, having been convicted of a FELONY SEX OFFENSE, is sentenced to the following:

(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.

(5i G.~/days on count~; 2 to ~hs/days on count J3L..; __ months/days On count __;


\( ., '2 ~days on count..:::lI.....; '1S'1.- @/daYSOncount 5L: ; __ months/days on count _ _;

11()1 Ql;/days on count_JIL oo..~/days on count'JZ!:...; _ _ months/days on count _ _.


<k'"~~~~AL-.sSi-I.:\E:'"~Le, ~ Co..M\S. X, 'IlJ ,.;SZ...::5 g....y~'e...b UDA.-\-
ALTE&"ifATIVE CONVERSION - RCW 9,94A,680 (LESS THAN ONE YEAR ONLY):
_ _ _ days oftotal confinement are hereby converted to:
::rr:
[ 1___ days of partial conf'mement to be served subject to the requirements of the King County Jail.
[ 1 days/hours community restitution under the supervision of the Department of Corrections to
be completed as follows:
[ 1on a schedule established by the defendanl's Connnunity Corrections Officer;
[ l ____~__~~~__~~~_._~_=~~~~
[ 1Alternative conversion was not used because: [ 1Defendant's criminal history, [ 1Defendant's
failure to appear, [ ] Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ _ _ _ _ _ _ _ _

[ 1COMMUNITY CUSTODY for FAILURE TO REGISTER AS A SEX OFFENDER under RCW


9A.44,130(1l)(a) committed on or after 6-7-2006 as to Connts (regardless oflength of
confinement) is ordered pursuant to RCW 9.94A.545(2) and RCW 9.94A.715 for the range of36 to 48
months.

[ 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.

(b) INDETERMINATE SENTENCE - QUALIFYING SEX OFFENSES occnrring after 9-1-2001:


The Court having found thet the defendant is subject to sentencing under RCW 9.94A.712, the defendant is
sentenced to a term of total confmement in the cnstody of the Department of Corrections as follows,
commencing: [ J immediately; [ ](Date): by .m.

Count _ _: Mi~imum Term: monthsldays; Maximum Term: yearsllife;

Count _ _: Minimum Term: monthsldays; Maximum Term: years/life;

Count
- -: Minimum Term: monthsldays; Maximum Term: years/life;

Count
- -: Minimum Term: montbsfdays; Maximum Term: yem·s/life.

[ JCOMMUNITY CUSTODY: pursuant to RCW 9.94A.712 for qualifying SEX OFFENSES


committed on or after September 1, 2001, is ordered for any period of time the defendant is released from
total confinement before the expiration of the maximum sentence as set forth above. Sanctions and
punisll1l1ents for non-compliance will be imposed by the Department of Corrections pursuant to RCW
9.94A.713,9.94A.737,
[ ]APPENDIX H: Community Custody conditions are attached and incorporated herein.

4.5 ADDITIONAL CONDITIONS OF SENTENCE


::t::,m E";s:L"'~ Gt~ l.OlAtJvI-e",t- ~ (,D,M.4;: I t I TI! -\.-:;zr
The above terms for counts ~ 1t ,lSI ... jZI are ~e I concurrent.

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.

4.8 SEX OFFENDER REGISTRATION:


The defendant shall register as a sex offender as ordered in APPENDIX J.

4.9 [ 1ARi.V1ED CRIME COMPLIANCE, RCW 9.94A.475,.480. The State's plea/sentencing agreement is
[ ]attached [ las follows:

The defendant sball report to an assigned Community Corrections Of Icerl:j:Ul1ri1rn:f1.


confinement for monitoring of tbe remaining terms of this sentence.

Date: \2- fa /2.008

Deputy Prosecuting Attorney, WSBA# ':>I'-(S'i/


Print Name: ~'I'-I. '7.0'"D,,,,-1-\-t::;"1- L

Rev. 10/06 6