Friday, June 29, 2012

Summary 2012 WY 86

Summary of Decision June 18, 2012

Chief Justice Kite delivered the opinion for the court. The conviction and sentence was affirmed.

Case Name: Vincent James Scott v. The State of Wyoming

Docket Number: S-11-0150


Appeal from the District Court of Sheridan County, Honorable John G. Fenn, 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, Attorney General; David Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Travis J. Kirchhefer, Assistant Attorney General.

Date of Decision: June 18, 2012

Facts: A jury convicted Vincent James Scott of first degree sexual assault, aggravated assault and child abuse. He appealed, claiming the district court denied his Sixth Amendment right to represent himself at trial and imposed an illegal sentence.

Issues: Mr. Scott stated these issues for consideration:

I. Did the trial court arbitrarily deny Vincent Scott his constitutional right to represent himself during the criminal proceedings against him?

II. By running misdemeanor sentences concurrent with consecutive felony sentences, did the trial court create an impossible sentencing arrangement which is therefore illegal?

The State rephrased the issues as:

I. Should Scott be denied the opportunity to represent himself at trial?

II. Did the district court impose an illegal sentence when it ordered Scott to serve three misdemeanor terms concurrently with three consecutive felony terms of incarceration?

Holdings: The Court affirmed Mr. Scott’s conviction and sentence.

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

[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. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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