Cook v. State

URBIGKIT, Justice,

specially concurring.

I join in the cogently-reasoned decision of Justice Car dine and the concurrence of Justice Golden. I continue in my consistent opinion that Birr v. State, 744 P.2d 1117 (Wyo.1987), cert. denied 496 U.S. 940, 110 S.Ct. 3224, 110 L.Ed.2d 671 (1990) is wrong and that this court should determinatively follow the well-reasoned co-actor cases of Garcia v. State, 774 P.2d 623 (Wyo.1989) and Schultz v. State, 751 P.2d 367, 371 (Wyo.1988), Urbigkit, J., specially concurring.

In my perception, Birr misunderstands and misapplies Blockburger v. United States, 284…