James v. State
2012 WY 35
| Wyo. | 2012Background
- Gary James was convicted of two counts of aggravated assault and battery and two counts of DUI causing serious bodily injury, and four consecutive sentences were imposed.
- James argues the district court should have merged the convictions for sentencing for the same victims, preventing multiple punishments.
- The accident occurred when James, intoxicated (BAC .195%), drove recklessly on Wyoming Route 130, causing a rollover that injured two passengers severely.
- Two passengers were life-flighted with serious injuries; others were injured or unharmed; James and some passengers survived with varying injuries.
- James pled to Counts 1, 2 and 4 and no contest to Count 3; habitual offender allegation was removed; sentencing was not pre-agreed.
- The court sentenced four consecutive terms of eight to ten years; the issue on appeal concerns double jeopardy and potential merger for sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by imposing consecutive sentences under double jeopardy. | James argues merger was required for two victims. | State contends DUI and aggravated assault are distinct offenses with different elements. | No merger; consecutive sentences upheld. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (same-elements test governs whether two offenses are separate)
- Nowack v. State, 774 P.2d 561 (Wyo. 1989) (two offenses directed toward separate evils permit cumulative punishments)
- Rathbun v. State, 257 P.3d 29 (Wyo. 2011) (same-elements/merger analysis for double jeopardy in Wyoming)
- State v. Keffer, 860 P.2d 1118 (Wyo. 1993) (Blockburger framework in Wyoming law)
- Bilderback v. State, 13 P.3d 249 (Wyo. 2000) (fusion of merger analysis with fact-specific inquiry)
- Najera v. State, 214 P.3d 990 (Wyo. 2009) (merger analysis in Wyoming discussed by concurrence)
- United States v. Dixon, 509 U.S. 688 (1993) (overruled Grady; adopted same-elements test for double jeopardy)
- Nowack v. State (see above), 774 P.2d 561 (Wyo. 1989) (reaffirmed cumulative punishments for distinct evils)