Appeal from the District Court of Sweetwater County. The Honorable Richard L. Lavery, Judge.
Representing Appellant: Pro se.
Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Caitlin Young, Assistant Attorney General.
Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.
[¶1] Appellant, Chad Mebane, was convicted on two felony charges of delivery of a controlled substance and one misdemeanor charge of possession of a controlled substance. Mr. Mebane appealed, and we affirmed. Mebane v. State, 2012 WY 43, ¶ 21, 272 P.3d 327, 330 (Wyo. 2012) (" Mebane I " ). Later, Mr. Mebane filed a " Motion to Correct an Illegal Sentence Pursuant to Rule 35(a), W.R.Cr.P." The thrust of his motion was that being convicted and sentenced on two charges of delivery of a controlled substance violated his constitutional right not to be punished twice for " the same offense." The district court denied the motion. Mr. Mebane challenges that decision in this appeal. We affirm.
[¶2] The issue presented is whether Mr. Mebane's separate convictions and sentences
on two charges of delivery of a controlled substance violate the constitutional protection against double jeopardy.
STANDARD OF REVIEW
[¶3] " This Court reviews de novo the question of whether a defendant's constitutional protection against double jeopardy has been violated." Daniel v. State, 2008 WY 87, ¶ 7, 189 P.3d 859, 862 (Wyo. 2008) (citing Meyers v. State, 2005 WY 163, ¶ 8, 124 P.3d 710, 714 (Wyo. 2005)).
[¶4] We recited these basic facts in Mebane I, ¶ 3, 272 P.3d at ...