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Dax v. State

Supreme Court of Wyoming

March 10, 2014

JOSEPH DAX, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Natrona County. The Honorable Daniel L. Forgey, Judge.

Representing Appellant, Pro se.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General.

Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.

OPINION

Page 912

BURKE, Justice.

[¶1] Appellant, Joseph Dax, appeals the district court's denial of his motion to correct an illegal sentence. We agree with the district court that this motion is barred by res judicata, and affirm.

ISSUE

[¶2] The dispositive issue in this case is whether Mr. Dax's motion to correct an illegal sentence is barred by res judicata .

FACTS

[¶3] The factual background of this case was recited in Mr. Dax's earlier appeal:

Both Dax's state and federal prosecution[s arise from a Casper burglary that involved theft of firearms in violation of 18 U.S.C. § 922(g)(1). In May of 2002 federal authorities arrested Dax on a charge of a felon in possession of firearms. Shortly thereafter, the State charged Dax with aiding and abetting burglary in violation of Wyo. Stat. Ann. § § 6-3-301(a)(c)(i) and 6-1-201 (LexisNexis 2011) and with conspiracy to commit burglary in violation of Wyo. Stat. Ann. § 6-1-303 (LexisNexis 2011). The State also lodged a detainer and requested that Dax be transferred to State custody after the federal prosecution.
In August of 2002 Dax pled guilty to the federal charge, and in November of 2002 the federal court sentenced him to a minimum term of 15 years in prison. That same month, the State acquired custody of Dax and its prosecution proceeded. Dax also pled guilty at the state level to aiding and abetting, while the conspiracy charge was dismissed. The State agreed that Dax's state sentence would be served concurrently with the federal sentence. In April of 2003 the state district court sentenced Dax to 20 to 25 years to run concurrently with the federal sentence. At that time, Dax requested credit for time served, and the district court ruled that Dax was entitled to credit for time he ...

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