Hamby v. State

Wyoming Supreme Court

Hamby v. State

559 P.2d 1388, 1977 Wyo. LEXIS 230

Wyoming Supreme Court·Decided February 17, 1977·No. 4654, 4664·Published·Cited by 4 cases

Opinion

PER CURIAM.

Appellants-defendants were punished administratively for escaping from the Wyoming State Penitentiary by loss of “good time” previously granted as a matter of grace under § 7-325(c), W.S.1957, 1975 Cum.Supp., and were subsequently convicted in the district court of, and sentenced for, the crime of escape from a penal institution, arising from the same factual circumstances, in violation of § 6-167, W.S. 1957, 1975 Cum.Supp. Since the cases raise the same issue pertaining to double jeopardy, they have been consolidated for purposes of this appeal.

We hold, as have innumerable jurisdictions, that a criminal prosecution for prison escape is not barred by a plea of former jeopardy based on disciplinary punishment previously imposed by prison authorities for the same escape; e. g., Alex v. State, 484 P.2d 677 (Alaska 1971); Collins v. State, 215 Kan. 489, 524 P.2d 715 (1974); State v. Millican, 84 N.M. 256, 501 P.2d 1076 (1972); Hutchison v. United States, 450 F.2d 930 (10th Cir. 1971); and United States v. Hedges, 458 F.2d 188 (10th Cir. 1972).

Affirmed.

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PER CURIAM.

Appellants-defendants were punished administratively for escaping from the Wyoming State Penitentiary by loss of “good time” previously granted as a matter of grace under § 7-325(c), W.S.1957, 1975 Cum.Supp., and were subsequently convicted in the district court of, and sentenced for, the crime of escape from a penal institution, arising from the same factual circumstances, in violation of § 6-167, W.S. 1957, 1975 Cum.Supp. Since the cases raise the same issue pertaining to double jeopardy, they have been consolidated for purposes of this appeal.

We hold, as have innumerable jurisdictions, that a criminal prosecution for prison escape is not barred by a plea of former jeopardy based on disciplinary punishment previously imposed by prison authorities for the same escape; e. g., Alex v. State, 484 P.2d 677 (Alaska 1971); Collins v. State, 215 Kan. 489, 524 P.2d 715 (1974); State v. Millican, 84 N.M. 256, 501 P.2d 1076 (1972); Hutchison v. United States, 450 F.2d 930 (10th Cir. 1971); and United States v. Hedges, 458 F.2d 188 (10th Cir. 1972).

Affirmed.

Hamby v. State, 559 P.2d 1388, 1977 Wyo. LEXIS 230 (Wyo. 1977).

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Opinion

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