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Freundel v. United States

Court of Appeals of Columbia District

September 15, 2016

BERNARD FREUNDEL, Appellant,
v.
UNITED STATES, Appellee.

          Argued June 21, 2016

         Appeal from the Superior Court of the District of Columbia Criminal Division (CMD-18262-14) (Hon. Geoffrey M. Alprin, Trial Judge)

          Jeffrey Harris, with whom Frederick D. Cooke, Jr. was on the brief, for appellant.

          Nicholas P. Coleman, Assistant United States Attorney, with whom Channing D. Phillips, United States Attorney, and Elizabeth Trosman, Amy H. Zubrensky, and Priya N. Naik, Assistant United States Attorneys, were on the brief, for appellee.

          Before Glickman, Blackburne-Rigsby, and McLeese, Associate Judges.

         JUDGMENT

         This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby

         ORDERED and ADJUDGED that the judgment of conviction is affirmed.

          Roy W. McLeese Associate Judge

         Appellant Bernard Freundel pleaded guilty to fifty-two counts of voyeurism. The trial court sentenced Mr. Freundel to consecutive sentences of forty-five days of incarceration on each count and also imposed a fine on each count. Mr. Freundel argues that the consecutive sentences violate the Double Jeopardy Clause. We affirm.

         I.

         In connection with Mr. Freundel's guilty plea, the United States filed an information charging Mr. Freundel with fifty-two counts of voyeurism, in violation of D.C. Code § 22-3531 (b)-(c) (2016 Supp.). With exceptions not pertinent here, those provisions make it unlawful:

(b) . . . to occupy a hidden observation post or to install or maintain a peephole, mirror, or any electronic device for the purpose of secretly or surreptitiously observing an individual who is:
(1) Using a bathroom or rest room;
(2) Totally or partially undressed or changing ...

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