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STATE v. MOSES

Nos. 24365-2-II, 24445-4-II.

15 P.3d 1058 (2001)

104 Wash.App. 153

STATE of Washington, Respondent, v. Anthony MOSES, Sr., Appellant. State of Washington, Respondent, v. Brian Moses, Appellant.

Court of Appeals of Washington, Division 2.

As Amended on Denial of Reconsideration January 26, 2001.

Attorney(s) appearing for the Case

John A. Hays, Longview, Alfred Arthur Bennett, Vancouver, for Appellants.

A.O. Denny, Cowlitz Co. Dep. Pros. Atty., Kelso, James Jay Stonier, Cowlitz County Prosecutor, Kelso, for Respondent.

A. Reid Allison, Office of Reservation Atty., Marysville, amicus curiae Tulalip Tribes.

MORGAN, J.

The defendants, Anthony Moses, Sr. and Brian Moses, appeal the Cowlitz County Superior Court's refusal to recognize their statutory double jeopardy claims under RCW 10.43.040. We affirm.

At all times material here, the defendants were members of the Tulalip Tribes.1 The Tribes' reservation is in Snohomish County, about 150 miles from Cowlitz County.

On the night of February 19, 1998, in Cowlitz County, the defendants...

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