Solis v. State

After a jury trial, Appellant was convicted of violating Wyo. Stat. Ann. 6-2-303(a)(vi) and 6-2-303(a)(viii), each proscribing, in the disjunctive, sexual assault in the second degree. The district court sentenced Appellant to concurrent sentences of not less than three nor more than five years incarceration. The Supreme Court affirmed in all respects excepting the propriety of permitting two convictions to stand, holding (1) the evidence was sufficient to establish Appellant was in a position of authority as required by section 6-2-303(a)(vi); (2) the prosecutor did not engage in prosecutorial misconduct; and (3) the constitutional prohibition against double jeopardy required that the Court vacate one of the two convictions under disjunctive provisions of one statute when both convictions rested upon the same criminal act. Remanded for entry of a new judgment and sentence convicting Defendant of one violation of section 6-2-303 and imposing one sentence. View "Solis v. State" on Justia Law