Summary 2010 WY 32

Summary of Decision issued March 22, 2010

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

Case Name: Presbury v. State

Citation: 2010 WY 32

Docket Number: S-09-0111

Appeal from the District Court of Laramie County, the Honorable Edward L. Grant, Judge.

Representing Appellant Presbury: Diane Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; and 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; and Leda M. Pojman, Senior Assistant Attorney General.

Facts/Discussion: Presbury pleaded guilty to one count of aggravated robbery. After not being given the opportunity to address the court during sentencing, he appealed.
Federal courts have recognized that in the absence of an opportunity to allocute being given, it is almost impossible to ascertain what the effect of the opportunity would have been had the error not occurred. Presbury was not addressed by the court nor given a chance to say anything on his own behalf. The rule is clear in its language: “Before imposing sentence, the court shall…”

Conclusion: Because Presbury was denied his right to allocution by the district court, the Court remanded to the district court for resentencing after he has been afforded the opportunity to allocute.

Reversed and remanded.

J. Hill delivered the decision.

Link: http://tinyurl.com/yfdjmen .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please 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 using the Universal Citation form, please contact the Wyoming State Law Library.]