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Young v. State

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eBook details

  • Title: Young v. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 01, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

Appellant was tried by a jury and convicted of second degree sexual assault, § 6-4-303(a)(v) [§ 6-2-303(a)(v)], W.S. 1977, and of incest, § 6-5-102 [§ 6-4-402], W.S. 1977, stemming from actions involving his seven-year-old adopted daughter. Appellant was sentenced to two to seven years in the Wyoming State Penitentiary on each offense, with the sentences to run concurrently. He appealed to this court; in an opinion published on April 2, 1984, we affirmed his conviction, but remanded for resentencing, inasmuch as the maximum penalty provided by § 6-5-102, incest, is five years and a two-to-seven-year sentence is therefore clearly improper. The two-to-seven-year sentence for second degree sexual assault was within the statutory limit set by § 6-4-306(a)(ii), W.S. 1977 [§ 6-2-306(a)(ii), W.S. 1977], and it was a proper sentence.


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