Summary 2008 WY 12

Summary of Decision issued February 5, 2008

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

Case Name: Hubbard v. State

Citation: 2008 WY 12

Docket Number: 06-235

Appeal from the District Court of Albany County, the Honorable John C. Brooks, Judge

Representing Appellant (Defendant): Galen Woelk of Aron and Hennig, LLP, Laramie, Wyoming.

Representing Appellee (Plaintiff): Patrick J. Crank, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Eric Johnson, Faculty Director, Prosecution Assistance Program; Geoffrey Gunnerson, Student Director, and Jennifer Reece, Student Intern.

Facts/Discussion: Pursuant to a plea agreement, Hubbard pled guilty to one count of third degree sexual assault and one count of immodest, immoral, or indecent acts with a minor. Hubbard claims he was substantially prejudiced and deprived of due process during his sentencing proceeding because an improper Victim Impact Sentence and PSR had been previously filed with the district court. Hubbard further argues that his sentence was disproportionate to the magnitude of his crimes and constitutes an abuse of discretion.
Procedural Error: Due process provides a right to be sentenced only on accurate information. To prevail on appeal the appellant must also prove that the district court relied upon the inaccurate statements. The district court specifically stated that it had not and would not consider any statements that were not those of S.W., A.L. and their parents. Mere submission of improper material to the district court is not sufficient to create prejudice.
Procedural Misconduct: Where there has been an objection below, claims of prosecutorial misconduct are reviewed for harmless error. The Court declined to hold that prosecutorial misconduct arose from the mere submission of victim impact statements that may have contained statements from individuals beyond those who were affected by the charged crimes. The district court explicitly stated that it had only considered the statements of S.W., A.L. and their parents. Disproportionate Sentence: In Wyoming, when the district court’s imposition of a criminal sentence is within the limits set by the legislature, the sentence will not be overturned, absent a clear abuse of discretion. When a defendant pleads guilty he is exposed to criminal liability up to and including the maximum sentence for each of his crimes. Hubbard failed to persuade the Court that the relative length of his sentence was extreme when compared with the gravity of his crimes.

Holding: The mere submission of a Victim Impact Statement and PSR that contains statements from individuals, who may be beyond those affected by the charged crimes, does not, without more, constitute a procedural error in sentencing or prosecutorial misconduct. Additionally, a review of the record revealed that Hubbard’s sentence was not disproportionate when compared to the extent of his crimes

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/24p9w3 .

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