[DOWNLOAD] "Despain V. State" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Despain V. State
• Author : Supreme Court of Wyoming
• Release Date : January 10, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The primary issue presented in this case is whether a Motion to Vacate or Correct Sentence, brought under WYO.R.CRIM.P. 35(a), is the proper remedy by which to assert a violation of double jeopardy protections. Robert William DeSpain (DeSpain) filed such a motion contending it was unlawful for the district court to impose consecutive sentences upon him for convictions of attempted escape and aggravated assault and battery. If the motion were perceived as a proper remedy, the question on the merits is whether the State lawfully may charge separate offenses of aggravated assault and battery in violation of WYO. STAT. § 6-2-502 (1988) and attempted escape from detention in violation of WYO. STAT. § 6-5-206 (1988), or is the State required to invoke WYO. STAT. § 6-5-207 (1988) and charge escape by violence or assault, or while armed. *fn1 We hold that a motion presented under WYO.R.CRIM.P. 35(a) is not the proper remedy to assert a constitutional claim of double jeopardy. If DeSpain had pursued the proper remedy through a petition for post-conviction relief as provided in WYO. STAT. §§ 7-14-101 to -108 (1987 and Supp. 1993), he still would not be entitled to relief. We hold his convictions were the product of separate and distinct statutory offenses, and the prosecutor had the requisite discretion to elect the charge or charges which should be brought based on the specific facts of the case. The order of the district court denying the Motion to Vacate or Correct Sentence is affirmed.

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