Schultz v. State

751 P.2d 367, 1988 Wyo. LEXIS 20
CourtWyoming Supreme Court
DecidedMarch 4, 1988
DocketNo. 87-113
StatusPublished
Cited by35 cases

This text of 751 P.2d 367 (Schultz v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. State, 751 P.2d 367, 1988 Wyo. LEXIS 20 (Wyo. 1988).

Opinions

BROWN, Chief Justice.

This appeal is a double-jeopardy challenge to a dual conviction of felony murder and conspiracy to commit aggravated robbery. Appellant Fred Schultz received consecutive sentences of life in prison and twenty to twenty-five years respectively. Appellant's sole issue on appeal is:

“Whether the Judge’s decision to sentence Appellant to consecutive sentences for felony murder and the underlying felony violated the double jeopardy clauses of the United States and Wyoming Constitutions.”

We affirm.

An amended information filed in Campbell County District Court on September 22, 1986, charged appellant with three felonies. He allegedly committed felony murder in violation of § 6-2-101, W.S.1977 (June 1983 Replacement);1 to have been an accessory to a different felony murder in violation of § 6-2-101 and 102, W.S.1977 (June 1983 Replacement); and, to have conspired to commit aggravated robbery in violation of §§ 6-1-303 and 6-2-401(c)(ii), W.S.1977 (June 1983 Replacement).2 A plea bargain was arranged in which appellant agreed to plead guilty to one count of felony murder and one count of conspiracy to commit aggravated robbery. The aggravated robbery was the underlying felony for the felony murder. In return, the state agreed not to seek the death penalty on the felony murder charge, and to drop the accessory to felony murder charge. After the guilty pleas and convictions, a sentencing hearing took place on March 9, 1987. Counsel presented oral argument and the trial court sentenced appellant as described above.

Under the Fifth Amendment to the United States Constitution, a person shall not [369]*369“ * * * be subject for the same offense to be twice put in jeopardy of life or limb. * * * ” The double-jeopardy clause of the Fifth Amendment to the United States Constitution applies to the states through the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 794, 89 S.Ct. 2056, 2062, 23 L.Ed.2d 707, 716 (1969). Art. 1, § 11 of the Constitution of the State of Wyoming also proscribes double jeopardy when it provides, “ * * * nor shall any person be twice put to jeopardy for the same offense. * * * ” These provisions have long been held to protect an accused against: a second prosecution for the same offense after having been acquitted on that offense; a second prosecution for the same offense after a conviction on that offense; and relevant to the issue in this case, multiple punishments for the same offense in a single trial. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 2225, 53 L.Ed.2d 187, 194 (1977); and Birr v. State, Wyo., 744 P.2d 1117, 1119 (1987).

Appellant argues that consecutive punishments for a conviction of conspiracy to commit a felony and a conviction of felony murder must merge when the target felony in the conspiracy is the underlying felony in the felony murder. This conclusion is urged under either of two analyses: (1) the “different evidence test” where merger occurs if the same evidence is used to prove different crimes; and (2) the “transaction rule” where merger occurs if separately charged crimes arise out of the same transaction. Both of these approaches are derivations of the language in Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306, 309 (1932);3 see State v. Carter, Wyo., 714 P.2d 1217, 1222 (1986).

Applying these analyses to the facts in this case places the cart squarely in front of the horse because it advocates resorting to Blockburger analysis in the first instance when legislative intent is examined. This is not the proper application of Block-burger. Blockburger is only a tool for determining legislative intent from the face of two or more statutes or provisions, and it should only be used in certain limited circumstances. The threshold determinations that must be made before resorting to Blockburger are critical, and we will use this case to explain them.

The starting point, when analyzing a multiple punishment challenge, lies in recognizing that we defer to a clear expression of legislative intent to impose multiple penalties for criminal conduct when the penalties are imposed in a single trial. Missouri v. Hunter, 459 U.S. 359, 368, 103 S.Ct. 673, 679, 74 L.Ed.2d 535, 543-544 (1983). In other words, double-jeopardy prohibitions are only offended when a single trial results in one defendant receiving multiple penalties not authorized by the legislature. See Thomas, A Unified Theory of Multiple Punishment, 47 Univ.Pitt. L.Rev. 1, 55 (1985).

Our task in these cases then is to determine two aspects of legislative intent: First, we determine the offense which the legislature proscribes in each relevant statute or provision. Second, we determine what punishments) the legislature metes out for the offense each statute or provision proscribes.4

[370]*370Our well-established rules of statutory interpretation apply in this context. We begin by looking to the plain language of the statute giving the words their plain and ordinary meaning. Hurst v. State, Wyo., 698 P.2d 1130, 1132-1133 (1985). We view a statute in terms of its object and purpose. Albernaz v. United States, 450 U.S. 333, 343, 101 S.Ct. 1137, 1144, 67 L.Ed.2d 275, 284 (1981); Birr v. State, supra at 1121; Hurst v. State, supra at 1132. This examination must take place before we even consider resorting to Blockburger.

“ * * * We have recently indicated that the Blockburger rule is not controlling when the legislative intent is clear from the face of the statute or the legislative history. Missouri v. Hunter, 459 U.S. 359, 368, 74 L.Ed.2d 535, 103 S.Ct. 673 [679] (1983); Albernaz v. United States, 450 U.S. 333, 340, 67 L.Ed.2d 275, 101 S.Ct. 1137 [1143] (1981); Whalen v. United States, 445 U.S. 684, 691-692, 63 L.Ed.2d 715, 100 S.Ct. 1432 [1437-38] (1980). * * *” (Emphasis added.) Garrett v. United States, 471 U.S. 773, 779, 105 S.Ct. 2407, 2412, 85 L.Ed.2d 764, 771-772 (1985).

See also Iannelli v. United States, 420 U.S. 770, 785-786, 95 S.Ct. 1284, 1293-1294, 43 L.Ed.2d 616, 627-628 (1975). Cf. Ball v. United States, 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985).

The plain language of § 6-1-303,5 and its obvious object and purpose, settle the multiple punishment challenge in this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vena v. State
941 P.2d 33 (Wyoming Supreme Court, 1997)
Burk v. State
848 P.2d 225 (Wyoming Supreme Court, 1993)
Cook v. State
841 P.2d 1345 (Wyoming Supreme Court, 1992)
Amrein v. State
836 P.2d 862 (Wyoming Supreme Court, 1992)
Harvey v. State
835 P.2d 1074 (Wyoming Supreme Court, 1992)
Engberg v. Meyer
820 P.2d 70 (Wyoming Supreme Court, 1991)
McGuire v. State, Department of Revenue & Taxation
809 P.2d 271 (Wyoming Supreme Court, 1991)
Richardson v. Schaub
796 P.2d 1304 (Wyoming Supreme Court, 1990)
Duffy v. State
789 P.2d 821 (Wyoming Supreme Court, 1990)
Mendicoa v. State
780 P.2d 1346 (Wyoming Supreme Court, 1989)
Garcia v. State
777 P.2d 1091 (Wyoming Supreme Court, 1989)
Nowack v. State
774 P.2d 561 (Wyoming Supreme Court, 1989)
Lauthern v. State
769 P.2d 350 (Wyoming Supreme Court, 1989)
Bigelow v. State
768 P.2d 558 (Wyoming Supreme Court, 1989)
Dept. of Rev. v. CASPER L. BASEBALL CLUB
767 P.2d 608 (Wyoming Supreme Court, 1989)
Howard v. State
762 P.2d 28 (Wyoming Supreme Court, 1988)
Schultz v. State
751 P.2d 367 (Wyoming Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
751 P.2d 367, 1988 Wyo. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-state-wyo-1988.