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STATE v. GAILUS

No. 56053-1-I.

147 P.3d 1300 (2006)

STATE of Washington, Respondent, v. Thomas Edward GAILUS, Appellant.

Court of Appeals of Washington, Division 1.

December 11, 2006.

Attorney(s) appearing for the Case

Dana M. Lind, Nielsen Broman Koch PLLC, Seattle, for Appellant.

Dennis John McCurdy, Randi J. Austell, King County Prosecutor's Office, Seattle, for Respondent.

DWYER, J.

¶ 1 Following a bench trial, Thomas Gailus was convicted of ten counts of possessing depictions of a minor engaged in sexually explicit conduct, a felony.1 Gailus asserts that all but one of these felony convictions were barred by the Fifth Amendment's double jeopardy prohibition. Because the statute defining his criminal conduct defined the prohibited act as the possession of "matter," Gailus contends his possession of...

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