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Cook V. State

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eBook details

  • Title: Cook V. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 20, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 81 KB

Description

After pleas of guilty to felony murder, aggravated robbery and conspiracy to commit aggravated robbery, appellants each were sentenced to terms of life, 20 to 25 years, and 20 to 25 years, the sentences to run consecutively. They appeal now presenting the central issue of whether the sentencing court could lawfully impose a sentence for felony murder and a separate sentence for the underlying felony, in this case aggravated robbery. 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), answered that separate punishments were authorized; and, therefore, courts imposing such sentences would not violate constitutional double jeopardy provisions. Acknowledging the legal doctrine of stare decisis, appellants, nevertheless, request a reexamination of that decision.


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