Summary 2010 WY 84

Summary of Decision issued June 24, 2010

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

Case Name: Romero v. State

Citation: 2010 WY 84

Docket Number: S-09-0210

Appeal from the District Court of Laramie County, the Honorable Michael K. Davis, Judge.

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

Representing State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; John S. Burbridge, Senior Assistant Attorney General; D. Michael Pauling, Senior Assistant Attorney General.

Facts/Discussion: Romero challenged the sentence he received after being convicted on a felony charge of a third battery against a household member.

The Court characterized Romero’s issue as a challenge to the sufficiency of the evidence. Romero was charged under § 6-2-501(b) and (f)(ii) which applies only to third or subsequent convictions of battery against a household member. Romero’s prior crimes were facts to be considered by the district court when sentencing. Exhibit 15 established that Romero was convicted of battery in 2007 and that the victim was a household member. Exhibit 16 established that Romero was convicted of battery and aggravated assault in 2000 but does not explicitly state that the victim was a household member. As a condition of probation, Romero was not allowed to live with the victim until deemed appropriate by his counselor or his probation agent. Romero was also ordered to attend the Batterer’s Re-education program. In addition, the district court relied upon the Presentence Investigation Report which demonstrated that the victim of the 2000 crime was a household member. It is the defendant’s obligation to object to any sentencing information he contends is inaccurate.

Conclusion: Romero’s prior crimes were not elements of the crime to be proved at trial but were facts to be considered at sentencing. Romero had access to established procedures that ensure the district court relied only on accurate and reliable information.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/26ocnyg .

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