Hicks v. State

The Supreme Court affirmed the judgment of the district court denying Defendant’s pro se motion to correct an illegal sentence pursuant to Wyo. R. Crim. P. 35(a), holding (1) res judicata did not bar Defendant’s Rule 35(a) double jeopardy claim; and (2) the district court properly denied Defendant’s actual innocence and constructive denial of counsel claims on the basis that such claims are not cognizable under Rule 35(a).Defendant pleaded guilty to one count of third degree sexual assault and one count of abuse of a vulnerable adult. Defendant was sentenced to consecutive prison terms. Defendant later filed a motion to correct an illegal sentence. The district court denied the motion. The Supreme Court affirmed, holding (1) because Defendant did not show good cause for failing to raise his double jeopardy claim in earlier proceedings, his claim was barred by res judicata; and (2) Defendant’s remaining claims were not cognizable under a Rule 35(a) motion. View "Hicks v. State" on Justia Law