Nowack v. State
In Nowack v. State, 774 P.2d 561 (Wyo. 1989), the defendant was charged with both driving under the influence-a misdemeanor-and- aggravated assault and battery-a felony, both charges arising from the same vehicular accident. 774 P.2d at 562.
The defendant claimed the state should have charged him with the statute which exclusively and specifically covered his conduct-the misdemeanor. Id.
The Court replied quoting from United States v. Batchelder, 442 U.S. 114 (1979) :
"The provisions in issue here, however, unambiguously specify the activity proscribed and the penalties available upon conviction. That this particular conduct may violate both Titles does not detract from the notice afforded by each. Although the statutes create uncertainty as to which crime may be charged and therefore what penalties may be imposed, they do so to no greater extent than would a single statute authorizing various alternative punishments." (774 P.2d at 563.)