Washington V. Caliguri

Defendant Richard Caliguri appeals his convictions of conspiracy to commit premeditated first degree murder as defined in RCW 9A.32.030(1)(a)*fn1 and conspiracy to commit first degree arson. He alleges error in four respects: (1) That there was insufficient evidence to support his conviction for conspiracy to commit murder; (2) that warrantless recordings of his conversations with a federal agent should have been excluded; (3) that the trial court erred in replaying the tapes in Caliguri's absence and after jury deliberations had begun; and (4) that his state trial subsequent to a federal conviction for racketeering constitutes double jeopardy. We affirm Caliguri's conviction and sentence for conspiracy  to commit first degree murder. We also agree with the trial court, for different reasons, that punishment on the arson charge would constitute double jeopardy and reverse that conviction.