¶1concurring in part and specially concurring in part.
¶2I fully concur in that portion of the opinion which holds that consecutive sentencing does not violate Article 1, Section 15 of the Wyoming Constitution.
¶3Acknowledging that Birr v. State, 744 P.2d 1117 (Wyo.1987), habeas corpus denied, 894 F.2d 1160, cert. denied, 496 U.S. 940, 110 S.Ct. 3224, 110 L.Ed.2d 671 (1990), has been overruled by Cook v. State, 841 P.2d 1345 (Wyo.1992), I specially concur in that portion of this opinion which strikes the appellant’s sentence for committing the underlying sexual assault felony because that is the present status of the law in Wyoming. I do, however, continue to believe that the Wyoming Legislature’s intent is that criminals convicted of both felony murder and the underlying felony be sentenced for both crimes. See my dissenting opinion in Cook.