Daniel v. State

BURKE, Justice.

[T1] Alvah Daniel, Jr., was convicted of misdemeanor battery. He was later charged with felony aggravated assault and battery arising from the same incident after the State discovered that the victim's injuries were more severe than it originally believed. Mr. Daniel moved for dismissal of the felony charge on double jeopardy grounds. The district court denied the motion. Mr. Daniel challenges that decision in this appeal. We affirm.

ISSUE

[12] Mr. Daniel presents one issue:

Is the double jeopardy protection of the Wyoming and United States Constitutions violated when a defendant…