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eBook details

• Title: Crozier v. State
• Author : Supreme Court of the United States
• Release Date : January 12, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The issue to be resolved in this case arises out of the creative effort of Wesley Edward Crozier (Crozier) to parlay a rather mundane double jeopardy defense into a bar to any retrial by invoking the due process of law and the equal protection of the law clauses of the state and federal constitutions. Crozier was convicted of two counts charging the violation of WYO. STAT. § 6-3-403(a)(i) (1988). The first count charged Crozier with possession and concealment of the stolen property on November 15, 1989, while the second count charged him with disposing of the identical stolen property on November 15, 1989. Crozier had previously been charged with disposing of the same stolen property on December 15, 1989, but that case was dismissed without prejudice after the jury was seated and the first witness was sworn when it became clear the wrong date had been charged, and Crozier had an alibi for December 15, 1989. After the jury in the second trial found Crozier guilty of both counts, the trial judge sentenced Crozier on Count I, later dismissing Count II. Crozier appeals, contending his rights were violated by the filing of an additional and subsequent charge after he had successfully exercised legally protected rights. The State of Wyoming (State) has prosecuted a cross-appeal from the dismissal of Count II. The judgment and sentence entered in the trial court are affirmed, and the dismissal of Count II is approved although better practice would be to dismiss such a charge prior to entry of the judgment and sentence. The cross-appeal taken by the State is dismissed because the State does not have statutory authority to appeal.

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