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Mebane v. State

Supreme Court of Wyoming

June 9, 2014

CHAD FARON MEBANE, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

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.

OPINION

BURKE, Justice.

[¶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.

ISSUE

[¶2] The issue presented is whether Mr. Mebane's separate convictions and sentences

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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)).

FACTS

[¶4] We recited these basic facts in Mebane I, ¶ 3, 272 P.3d at ...


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