326 P.3d 928
Wyo.2014Background
- Mebane was convicted by a jury of two counts of delivery of methamphetamine (from controlled buys on June 8, 2010 and July 13, 2010) and one count of possession after a subsequent search.
- Sentences: 12–15 years for each delivery count and 6 months for possession; the district court ordered the sentences to run consecutively.
- On direct appeal the convictions were affirmed.
- Mebane later filed a Rule 35(a) motion to correct an illegal sentence, arguing the two delivery convictions and sentences violated double jeopardy because they punished the “same offense.”
- The district court denied the motion; Mebane appealed that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether separate convictions/sentences for two delivery counts violated double jeopardy | Mebane: two delivery convictions are punishment twice for the same offense | State: counts were for distinct criminal acts on different dates; double jeopardy not implicated | Affirmed: no double jeopardy—each count required proof of a distinct fact (different dates) |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (distinct offenses when each requires proof of an element the other does not)
- Geiser v. State, 920 P.2d 1243 (convictions based on separate transactions/evidence do not violate double jeopardy)
- Sweets v. State, 307 P.3d 860 (adopted same-elements/Blockburger test over the facts-or-evidence test)