Kennedy v. State

Appellants were mandatorily sentenced by the district court to life imprisonment after the death penalty for murder was set aside by this court. See Kennedy v. State, Wyo., 559 P.2d 1014 (1977). Appellants now complain because the judge ordered that the new sentences be served consecutively to sentences imposed for other offenses committed at approximately the same time as the murder. Their arguments are specious, and largely rhetorical. Separate penalties will ordinarily be exacted upon convictions for distinct offenses. 21 Am.Jur.2d Criminal Law, § 525, p. 509; § 546, p. 522; § 547, p. 523, et seq.; 24 C.J.S. Criminal Law § 1567(3), p. 424, et seq. The sentencing judge in his discretion should determine whether the sentences shall be served concurrently or consecutively. Arnold v. State, 76 Wyo. 445, 306 P.2d 368, 65 A.L.R.2d 839 (1957); 24 C.J.S. Criminal Law § 1581e, p. 570; 24B C.J.S. Criminal Law § 1994, p. 627, et seq.