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Leonard v. State

Supreme Court of Wyoming

October 14, 2014

DEON ALLEN LEONARD, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Sweetwater County. The Honorable Richard L. Lavery, Judge.

Deon A. Leonard, Representing Appellant, Pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General.

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

OPINION

Page 1080

FOX, Justice.

[¶1] Appellant Deon Allen Leonard was convicted of four counts of sexual abuse of a minor in the second degree. He was sentenced to thirteen to fifteen years on each count, to be served consecutively. Mr. Leonard now appeals the district court's denial of his W.R.Cr.P. 35 motion, and alleges that he has been sentenced to multiple terms of imprisonment for the same offense in violation of the double jeopardy clauses of the United States and Wyoming Constitutions. We find that Mr. Leonard's appeal is barred by res judicata and affirm.

ISSUE

[¶2] 1. Is Mr. Leonard's appeal barred by res judicata ?

FACTS

[¶3] On March 28, 2012, a jury convicted Mr. Leonard of four counts of sexual abuse of a minor in the second degree. He was sentenced to thirteen to fifteen years on each count to be served consecutively. On appeal, Mr. Leonard presented the following issues for our review:

The prosecuting attorney's misconduct during the trial precluded [Leonard] from receiving a fair trial as guaranteed by the due process clause of the 14th amendment to the constitution.
[Leonard] was denied a fair trial as a result of the violation of his 5th amendment right against self-incrimination caused by the deficient assistance of counsel.

Leonard v. State, 2013 WY 39, ¶ 2, 298 P.3d 170, 171 (Wyo. 2013). We affirmed Mr. Leonard's convictions, finding that there was no prosecutorial misconduct, and that Mr. Leonard failed to meet his burden of demonstrating that his counsel's ...


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