Moronese v. State
2012 WY 34
| Wyo. | 2012Background
- Appellant Moronese pled guilty to attempted second-degree murder and received a 20–22 year term (240–264 months).
- After more than four years, Moronese moved to correct an illegal sentence under Wyo. Stat. § 7-13-201, arguing the minimum exceeded 90% of the maximum.
- The district court resentenced Moronese by increasing the maximum to 267 months, rather than reducing the minimum to comply with the statute.
- Moronese appealed the resentencing as a double jeopardy violation after beginning service.
- Wyoming courts and the U.S. Supreme Court permit correction of illegal sentences and may modify the sentence to comply with statutory limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did district court violate double jeopardy by increasing sentence after motion? | Moronese—double jeopardy prohibits increases after starting service. | State—correction to satisfy indeterminate sentencing statute is permitted. | No double jeopardy; remand for time served credit. |
Key Cases Cited
- Simonds v. State, 799 P.2d 1210 (Wy. 1990) (double jeopardy limits parallel restrictions; applies to same offense)
- Turner v. State, 624 P.2d 774 (Wy. 1981) (double jeopardy applied to sentencing after imprisonment start)
- Maher v. State, 991 P.2d 1248 (Wy. 1999) (no double jeopardy when correcting an illegal sentence after service)
- Bozza v. United States, 330 U.S. 160 (1947) (correction of illegal sentence does not violate double jeopardy if law requires adjustment)
- Williams v. State, 692 P.2d 233 (Wy. 1984) (court may not impose punishment below statutory minimum; must correct by proper adjustment)
- United States v. Rourke, 984 F.2d 1063 (10th Cir. 1992) (no double jeopardy where illegal sentence corrected after initiation of challenge)