Thursday, January 05, 2012

Summary 2012 WY 3

Summary of Decision January 5, 2012

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

Case Name: Castillo v. State of Wyoming

Citation:  2012 WY 3

Docket Number: S-11-0157

Appeal from the District Court of Albany County, the Honorable Jeffrey A. Donnell, Judge.

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

Representing Appellee (Plaintiff): Gregory A. Phillips, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Stewart M. Young, Faculty Director, Prosecution Assistance Program, Joshua B. Taylor, Student Director, and Benjamin J. Sherman, Student Intern.

Date of Decision: January 5, 2012

Facts: This is an appeal from a district court order reimposing sentence after the appellant’s probation was revoked.  The appellant was charged with three felony counts of interference with a peace officer.  He pled not guilty to all three counts at arraignment.  Subsequently, however, he entered into a plea agreement whereby two counts were dismissed, he pled guilty to the third count, and the State agreed to recommend suspension of incarceration in favor of supervised probation.  After receiving a Presentence Investigation Report, the district court held a sentencing hearing, at the end of which it sentenced the appellant to the custody of the Department of Corrections for incarceration for a period of not less than three years nor more than six years.  The prison sentence was suspended pursuant to the split sentencing provision of Wyo. Stat. Ann. § 7-13-107 (LexisNexis 2011), and the appellant was ordered to serve 180 days in the county jail, to be followed by four years of supervised probation.

After the appellant served his jail sentence, and after he had been on supervised probation for some time, the State filed a Petition for Revocation of Probation.  The petition recited five alleged probation violations, four involving alcohol consumption and one based upon a larceny conviction.  During a hearing on the petition, the appellant admitted the violations.  The district court heard from the appellant and counsel, and then reimposed the original sentence, giving credit for time served.

Issues:  Whether the district court abused its discretion in reimposing sentence upon revocation of the appellant’s probation.

Holdings: After admitting five separate violations of his probationary conditions, the appellant wanted the district court to return him to supervised probation, in the ISP program.  In rejecting that request, the district court exercised its conscientious judgment by considering the factual and procedural history of the case, by considering the probation violations, by comparing the appellant’s present situation with his situation when he was first sentenced, and by listening to the ISP recommendation.  Finding no abuse of discretion, the Court affirmed.

Justice Voigt delivered the opinion for the court. 

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