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Duffy v. State3/21/1990
(June 1983 Repl.). The district court ruled that there was a sufficient factual basis to accept Duffy's pleas of guilty to both charges. As we noted in Duffy, 730 P.2d 754, that factual basis was presented by a summation by the prosecutor of the available evidence to be used at trial and Duffy's admission of the accuracy of that recitation. The record demonstrated that Duffy, while he was incarcerated in Castle Rock, Colorado, had planned the robbery of his grandmother. He did this by telephone calls to two accomplices in Wyoming. Duffy explained to them how to gain entry into his grandmother's house and told them where they probably would find her valuables. The entire plan was that the two fellow conspirators would burglarize the grandmother's home, which was located in Fremont County, Wyoming, and they then would travel to Colorado to help Duffy escape from incarceration.
The two partners in crime went to the grandmother's home in accordance with the plan. One waited outside in a car while the other broke a window of the home to gain entry. The grandmother was awakened by the sound of the breaking glass, and she got up and went to the place where she had heard the noise. There, she discovered the burglar reaching through the broken window and holding a pistol in his hand. He ordered the grandmother to unlock the front door and, when she complied, he entered the house and demanded that she lead him to the safe where she kept her money. The grandmother took him into the bedroom where he removed a .38 caliber pistol from a nightstand. Duffy had told him of the location of that firearm. The robber then insisted that the grandmother show him her other valuables, and she complied with that demand. She took him throughout the house, showing him whatever valuable property he asked for. The robber collected the property in a pillowcase and returned to the waiting vehicle. Police officers successfully apprehended both principals before they could carry out the plan to help Duffy escape, and both of them confessed the robbery to the investigating officers, implicating Duffy in their statements.
On the basis of this factual showing, the district judge accepted the guilty plea. Duffy then was sentenced to a term of not less than twenty-four years, eleven months, twenty-nine days, nor more than twenty-five years, on the charge of being an accessory before the fact to aggravated robbery, and to a consecutive term of not less than nine years, eleven months, twenty-nine days, nor more than ten years, for conspiracy to commit burglary. The court ordered that these sentences were to be served after Duffy was released from incarceration in Colorado.
Duffy's initial and primary contention is that the imposition of separate sentences for aiding and abetting aggravated robbery and for conspiracy to commit burglary placed him in jeopardy twice because the evidence relied upon to establish the factual basis for his plea of guilty on each of the charges was the same series of phone calls from Colorado to Wyoming. He contends that the plan developed from these phone calls resulted in a "single transaction", the burglary of his grandmother's house. In addressing claims of double jeopardy previously, this court consistently has held that each crime committed should be punished. We have agreed with the clear majority of jurisdictions that espouse a philosophy of crime and punishment and eschew the proposition that it is an acceptable result in our society for there to be crime without punishment.
The rule that we have espoused for resolving the question of whether a defendant has been twice placed in jeopardy by virtue of multiple convictions and sentences is to look to the intent
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