Summary 2009 WY 79

Summary of Decision issued June 17, 2009

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

Case Name: Royball v. State

Citation: 2009 WY 79

Docket Number: S-08-0234

Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge.

Representing Appellant Royball: Diane M. Lozano, Wyoming State Public Defender; Tina N. Kerin, Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel.

Representing Appellee State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling. Senior Assistant Attorney General; Leda M. Pojman, Senior Assistant Attorney General; Graham M. Smith, Assistant Attorney General.

Facts/Discussion: Royball was charged with three counts of first degree sexual assault and one count of kidnapping. The parties subsequently entered into a plea agreement in which the State agreed to amend the information to charge two counts of third degree sexual assault in place of the first degree sexual assault counts and dismiss the remaining sexual assault and kidnapping charges. In exchange, Royball agreed to plead guilty to the amended counts of third degree sexual assault. At the change of plea hearing, the district court judge made statements concerning the plea agreement which caused Royball to terminate the hearing and file a motion for change of judge on the grounds of bias or prejudice. The circuit court denied the motion.

Motions to disqualify a judge based upon bias or prejudice are governed by W.R.Cr.P. 21.1(b). Royball asserted that the district court judge’s comments demonstrated that he had prejudged Royball’s conduct and formed the opinion that he raped the victim and should be sentenced accordingly. Royball contended the prejudgment was based on allegations contained in the probable cause affidavit filed in support of the original charges which the prosecutor had agreed to dismiss and amend. The district court judge stated that he didn’t understand how anybody could read the Affidavit of Probable Cause and believe it was appropriate to reduce two first degree rape charges to third degree sexual assault. In addition he commented that it was not his role to “second guess the DA’s office” or to “interfere with the discussions between the DA’s office and the victim.” When the judge’s comments were reviewed in the context of all of his statements during the proceedings, the Court concluded that the district court judge was not swayed and that he was able to exercise his functions impartially.

Conclusion: It could be reasonably concluded from the judge’s statements that he understood his duty was to sentence Royball only for the offenses he admitted to having committed and to which he pled guilty and on the basis of all the factors presented at the time of sentencing.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/mczpja .

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