Summary 2008 WY 27

Summary of Decision issued March 11, 2008

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

Case Name: Blanton v. State

Citation: 2008 WY 27

Docket Number: S-07-0090

Appeal from the District Court of Laramie County, the Honorable Denise Nau, Judge

Representing Appellant (Defendant): Robert T. Moxley, Robert T. Moxley, PC, Cheyenne, Wyoming.

Representing Appellee (Plaintiff): Bruce A. Salzburg, Attorney General; Terry L Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; James Michael Causey, Assistant Attorney General.

Facts/Discussion: Blanton pleaded guilty to felony property destruction. As a first time offender, his prosecution was deferred and he was placed on probation. The State later petitioned to revoke his probation, enter his guilty plea and impose sentence. The district court never held a hearing on the State’s petition but instead entered an order purporting to transfer the case to the circuit court judge for disposition in the drug court. After a hearing the circuit court judge revoked Blanton’s probation, and accepted his guilty plea. Blanton was then placed on probation a second time. When he failed the requirement that he complete a drug court treatment program, his probation was revoked again and the underlying prison sentence was imposed.
The Court reviewed the respective jurisdictions and functions of the district court, the circuit court and the drug court. Blanton was charged with a felony which was squarely within the jurisdiction of the district court. The district court has original jurisdiction over all cases except those placed within the exclusive jurisdiction of another court. The circuit courts have original jurisdiction in all misdemeanor criminal cases. The drug court does not have the authority to make a “disposition” of any case. The drug court program is a sentencing alternative and is no different than something such as Adult Community Corrections or Intensive Supervised Probation.

Holding: The district court did not rule on the State’s petition to revoke Blanton’s probation the first time. The circuit court did not have original jurisdiction to hear the felony case and it was not validly assigned jurisdiction by the district court. The drug court lacked jurisdiction to make any disposition of the case. The order revoking Blanton’s first probation was invalid. That prevented the court from reaching the merits of the appeal of the revocation of the second probation. The case was remanded.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/2qjbaj .

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