Goetzel v. State, 406 P.3d 310

While being booked in Goshen County, Goetzel assaulted an officer, used the officer’s radio to secure release, fled the facility, and was arrested six days later in Nebraska.
He was charged on multiple dockets and, pursuant to a plea agreement, pled guilty to burglary, forgery, felony larceny, felony escape, and felony interference with a peace officer; the district court sentenced him on July 26, 2011. He did not appeal.
Goetzel filed a motion for sentence reduction in 2012 and a motion for sentence modification in 2016; both were denied, and he did not raise double jeopardy in those motions or appeal the denials.
In 2016 he filed a W.R.Cr.P. 35(a) motion to correct an illegal sentence, arguing the nine-to-ten year sentences for felony interference and felony escape should have merged under double jeopardy because the same conduct was used to prove both offenses.
The district court denied the Rule 35(a) motion; on appeal the State argued res judicata barred the claim and the Wyoming Supreme Court considered that issue dispositive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the escape and interference sentences should merge under double jeopardy	Goetzel: sentences should merge because same conduct against same officer was used to prove both crimes	State: claim is barred by res judicata because it could have been raised earlier	Court: claim barred by res judicata; affirmed denial of Rule 35(a) motion
Whether res judicata may be applied to Rule 35(a) motions	Goetzel: res judicata may be waived and should not apply here (also argued appointment of counsel implies waiver)	State: res judicata applies to Rule 35(a) petitions and need not be raised below	Court: res judicata applies; waiver argument rejected; court may raise res judicata sua sponte
Whether good cause exists to excuse prior nonassertion	Goetzel: courts may hear claims if good cause shown to avoid waiver rule	State: no good cause shown	Court: Goetzel presented no facts showing good cause; res judicata stands

Hamill v. State, 948 P.2d 1356 (Wyo. 1997) (Rule 35 motions may be subject to res judicata)
Gould v. State, 151 P.3d 261 (Wyo. 2006) (res judicata bars claims that were or could have been raised earlier)
Bird v. State, 356 P.3d 264 (Wyo. 2015) (res judicata may not bar a claim only if good cause is shown)
Ferguson v. State, 309 P.3d 831 (Wyo. 2013) (appellate courts may dispose of claims on res judicata even if not raised below)
Kurtenbach v. State, 304 P.3d 939 (Wyo. 2013) (res judicata applied despite lack of district-court argument)
Lunden v. State, 297 P.3d 121 (Wyo. 2013) (res judicata principles applied to post-conviction issues)