Roose v. State ( 1988 )

URBIGKIT, Justice,

specially concurring.

I concur, except to express continued disapproval of the Duffy sentence as constitutionally impermissive. Duffy v. State, Wyo., 730 P.2d 754, 761 (1986), Urbigkit, J., dissenting. Fortunately, the legislature has since corrected these concerns by appropriate enactment of the present § 7-13-201, W.S.1977 (Ch. 157, S.L. of Wyoming 1987), which prohibits the Duffy sentence for the more recent cases. Except for my deep-seated objection to the Duffy sentence, the relevance in this case presents rational questions since this defendant was convicted of six felonies for offenses committed while he was out on bond and awaiting trial on this case, and then for that sequence only receiving concurrent sentences for the six offenses although consecutive to the sentence m this case. Instead of the eight-to-ten-year sentence which he received for those subsequent felonies in the second series of offenses, he could have received a maximum sentence in the consecutive total of 120 years. Under the circumstances of these later offenses involving a course of criminal action while out on bond awaiting trial on this first very serious criminal offense, the total sentences given for all offenses of 17 years, 11 months, 29 days, to 20 years is not unconstitutionally punitive or philosophically unjustified. Hopefully, however, we have now exhausted the occurrences of any more of the pre-statutory-change Duffy sentences.