(Download) "Birr v. State" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Birr v. State
- Author : Supreme Court of Wyoming
- Release Date : January 27, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Rehearing Granted September 13, 1994. Appellant Charles Edward Birr appeals the denial of his motion to vacate an aggravated robbery sentence which is to run consecutive
to his life sentence for accessory to felony murder. Birr's challenge that the sentences violated constitutional double jeopardy
provisions was rejected by this court's 1987 decision in Birr v. Wyoming, 744 P.2d 1117 (Wyo. 1987). The Birr decision was
overruled in Cook v. State, 841 P.2d 1345 (Wyo. 1992). Birr then moved under WYO. R.CRIM.P. 35 to retroactively apply the
Cook decision to his sentence. However, this court decided in DeSpain v. State, 865 P.2d 584 (Wyo. 1993), that, upon exhaustion
of the right to directly appeal from conviction, post-conviction relief provided through WYO. STAT. 7-14-101 through
108 (1987 & Supp. 1993) is the only proper method of gaining relief on a double jeopardy claim. DeSpain is dispositive
of this appeal, and the district court's decision is affirmed. The state invites this court to overrule the Cook decision,
but we decline to do so.