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Tucker v. State

Supreme Court of Wyoming

May 11, 2015

IRA G. TUCKER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Sheridan County. The Honorable John G. Fenn, Judge.

For Appellant: Ira G. Tucker, Pro se.

For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; and Joshua C. Eames, Assistant Attorney General.

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

OPINION

Page 988

HILL, Justice.

[¶1] Ira Tucker entered conditional guilty pleas to possession of marijuana with intent to deliver and possession of methamphetamine with intent to deliver. The district court sentenced him to two consecutive sentences of 7-10 years and 14-18 years. This Court then affirmed that sentence in Tucker v. State, 2009 WY 107, 214 P.3d 236 (Wyo. 2009).

[¶2] In October of 2014, Mr. Tucker filed a motion to correct an illegal sentence, arguing as he had in numerous other motions that his sentences violated double jeopardy by punishing him twice for the same offense. The district court ruled against him and this appeal followed.

[¶3] We will affirm.

ISSUE

[¶4] Did the district court abuse its discretion when it denied Mr. Tucker's motion to correct an illegal sentence?

FACTS

[¶5] The background of this case is contained in Tucker v. State, 2009 WY 107, ¶ ¶ 3-6, 214 P.3d 236, 238-39 (Wyo. 2009). Rather than Mr. Tucker's entire history, we will focus on the procedural facts of this appeal. In 2008 Mr. Tucker entered a conditional plea to two charges, one count of possession of marijuana with intent to deliver, and one count of possession of methamphetamine with intent to deliver. The district court sentenced him to consecutive terms of 7-10 years on the marijuana count and 14-18 years for the methamphetamine count. His plea was conditioned on his right to appeal, which he did. Mr. Tucker's claims were rejected on appeal by this Court, and his convictions were affirmed in Tucker v. State, 2009 WY 107, 214 P.3d 236 (Wyo. 2009).

[¶6] Unfortunately, the record on appeal does not adequately reflect the filings that were made in this case by Mr. Tucker, aside from a docket sheet. From his brief, and from the State's brief, we can glean that there was a previous motion for sentence reduction in district court, post-conviction motions in district court, a habeas corpus motion in ...


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