Osborn v. State

The appellant entered pleas of guilty to three counts on an information charging him with conspiracy to commit the crime of aggravated robbery in violation of § 6-1-203, W.S. 1977, Cum.Supp. 1981 , aggravated robbery in violation of § 6-4-402, W.S. 1977 , and while in perpetration of an aggravated robbery killing of another human being, Jimmy Ray OBriant, in violation of § 6-4-101, W.S. 1977 , all of which crimes were alleged to have been committed on May 14, 1982, in Uinta County, Wyoming. In addition, appellant was charged with and entered pleas of guilty to three counts of a separate information charging him with the crimes of aiding and abetting murder in the first degree of Audrey Ditmars in violation of § 6-4-101 and § 6-1-114, W.S. 1977 , attempted first degree murder of Dale Moore in violation of § 6-1-201(a)(i) and § - Page 780 6-1-204, W.S. 1977, C*m.Supp. 1981 , and aggravated robbery of Dale Moore in violation of § 6-4-402, W.S. 1977 , all of which crimes were alleged to have been committed on the 15th day of May, 1982, in Sweetwater County, Wyoming. A change of venue to Sweetwater County for the Uinta County crimes was consented to by the appellant. On the Uinta County charges, other than the felony murder, appellant was sentenced to not less than 45 nor more than 50 years on the charge of conspiracy to commit aggravated robbery of Jimmy Ray OBriant, not less than 45 nor more than 50 years on the charge of aggravated robbery of Jimmy Ray OBriant, to be served concurrently but consecutive to the sentences handed down on the Sweetwater County charges. On the Sweetwater County charges, the appellant was sentenced to life for the felony murder of Audrey Ditmars, life for the attempted murder of Dale Moore, and not less than 45 nor more than 50 years for the aggravated robbery of Dale Moore, all to be served consecutively.