Summary 2012 WY 56

Summary of Decision April 11, 2012


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Case Name: VICTOR EVERETT JACKSON v. THE STATE OF WYOMING

Docket Number: S-11-0145

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465346

Appeal from the District Court of Laramie County, Honorable Thomas T.C. Campbell, Judge

Representing Appellant (Plaintiff/Defendant): Diane Lozano, State Public Defender, PDP; Tina N. Olson, Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Meri V. Geringer, Senior Assistant Attorney General.

Date of Decision: April 11, 2012

Facts: Victor Everett Jackson pled guilty to one count of third degree sexual assault in exchange for the State’s agreement to request probation under Wyo. Stat. Ann. § 7-13-301 (LexisNexis 2009). The district court placed him on supervised probation for five years. Six months later, the State filed a petition to revoke his probation but proceedings on the petition were delayed. A year later, Mr. Jackson filed a motion to withdraw his guilty plea asserting that the victim of the assault had identified someone else as the perpetrator. The district court denied the motion and entered an order revoking probation. The district court entered judgment and imposed a sentence of four to five years. Mr. Jackson appealed, claiming the district court abused its discretion in denying his motion to withdraw his guilty plea.

Issues: Mr. Jackson claims the district court abused its discretion and violated his right to due process when it denied his motion to withdraw his guilty plea. The State responded that the district court properly exercised its discretion when it denied the motion.

Holdings: The Court found nothing to indicate the district court could not reasonably have concluded as it did. The Court affirmed the district court’s denial of Mr. Jackson’s motion to withdraw his guilty plea.

Chief Justice Kite delivered the opinion for the court.