DeSpain v. State

THOMAS, Justice.

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…