Daniel Ray Bowlsby v. The State of Wyoming, 2013 WY 72

Bowlsby pled guilty to (1) first-degree sexual abuse of a minor and (2) incest, under a plea agreement dismissing seven counts.
Both offenses arose from a single sexual incident involving Bowlsby and his stepdaughter.
Court accepted pleas, imposed concurrent sentences; incest sentence 13–15 years, sexual abuse 35–40 years.
Bowlsby argues incest is a lesser included offense of first-degree sexual abuse and should be vacated under double jeopardy.
Court agrees incest is a lesser included offense and reverses/incest conviction, remanding to address the plea and remaining first-degree sexual abuse conviction.
Guilty pleas were unconditional; double jeopardy review proceeds as plain-error since not preserved below.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is incest a lesser included offense of first-degree sexual abuse of a minor?	Bowlsby: incest includes no extra elements beyond sex abuse.	State: incest requires knowledge of familial relationship only as element; not included in sex abuse.	Incest is a lesser included offense; conviction for incest violates double jeopardy.

Blockburger v. United States, 284 U.S. 299 (1932) (two offenses, one act, test: whether each requires proof of a fact the other does not)
James v. State, 271 P.3d 1016 (Wyo. 2012) (double jeopardy; equivalence of state and federal prohibitions)
Daniel v. State, 189 P.3d 859 (Wyo. 2008) (double jeopardy; three protections; lesser included offenses)
Owen v. State, 902 P.2d 190 (Wyo. 1995) (multiple punishments; double jeopardy analysis)