Mower v. State

This case came before the court upon the court’s own motion to consider the jurisdiction of the court in this appeal. In the process, it became apparent that the court should consider the application of res judi-cata. The essential question is whether one can appeal from the imposition of a sentence asserting abuse of discretion without raising the lawfulness of the sentence and, following an adverse determination of that appeal, make a claim for relief under Rule 36, W.R.Cr.P., on the ground that the sentence was unlawful.

In Mower v. State, 750 P.2d 679 (Wyo. 1988), Michael Peter Mower, the…