Summary 2010 WY 19

Summary of Decision issued February 24, 2010

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

Case Name: Weber v. State

Citation: 2010 WY 19

Docket Number: S-0900150

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

Representing Appellant (Defendant): Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel.

Representing Appellee (Plaintiff): 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.

Holdings: The State conceded at oral argument that this case must be remanded to the district court for the purpose of allowing the appellant to withdraw his conditional no contest plea, and to plead anew. A conditional plea under W.R.Cr.P. 11(a)(2) may not be utilized to reserve argument on non-dispositive matters. The appellant’s motion seeking to prevent the admission of uncharged misconduct evidence under W.R.E. 404(b) was not a dispositive motion. The Court will not resolve other issues raised by the appellant because such issues may not survive in their current form, making any such resolution advisory in nature.

Reversed and remanded.

C.J. Voight delivered the opinion for the court.

Link: http://tinyurl.com/yj32zv3 .

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