Friday, January 20, 2006

Summary 2006 WY 11

Summary of Decision issued January 19, 2006

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it is issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Chippewa v. State

Citation: 2006 WY 11

Docket Number: 05-96

Appeal from the District Court of Fremont County, Honorable Norman E. Young, Judge

Representing Appellant (Defendant): Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel.

Representing Appellee (Plaintiff): Patrick J. Crank, Wyoming Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; David L. Delicath, Senior Assistant Attorney General.

Date of Decision: January 19, 2006

Issue: Whether the district court erred when it ordered restitution over defense counsel’s objection.

Holding: The complaint concerns the sufficiency of the evidence supporting the amount of restitution ordered by the district court. The Court declined to consider the claim because they found that Appellant waived his right to contest the restitution award when he knowingly and voluntarily agreed in the plea agreement to pay restitution and then failed to object at sentencing to the restitution amount.

The decree of the district court was affirmed.

J. Golden delivered the opinion for the court.

Link to the case: http://tinyurl.com/d24zm .

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