Summary 2010 WY 61

Summary of Decision issued May 14, 2010

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

Case Name: Rodriguez v. State

Citation: 2010 WY 61

Docket Number: S-09-0179

Appeal from the District Court of Park County, the Honorable Steven R. Cranfill, Judge.

Representing Rodriguez: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.

Representing State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jenny Lynn Craig, Assistant Attorney General.

Facts/Discussion: Rodriguez challenged the district court’s order revoking her probation and imposing the original prison sentence. She contended that her plea admitting the State’s allegations was obtained in violation of her right to counsel.
According to the plain language of the statute, the defendant may waive her rights only if she is advised of her rights, acts with a full awareness of those rights, and understand the consequences of waiving those rights. At the hearing the court did not properly advise Rodriguez of her right to counsel, took no steps to ascertain whether she understood that right, and never specifically asked her if she waived her right to counsel. The district court made no attempt to inform her of the repercussions of entering a plea, or of the disadvantages of proceeding to the sentencing phase without counsel.

Conclusion: An individual’s right to counsel is such a basic right that its denial can never be treated as harmless error. The entry of a plea is a critical stage of probation revocation proceedings. Rodriguez was not represented by counsel and did not voluntarily, knowingly, and intelligently waive her right to counsel during that proceeding.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/2e4ucdt .

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