Summary 2012 WY 112

Summary of Decision August 22, 2012

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: BILLIE COLLEEN JOHNSON v. THE STATE OF WYOMING

Docket Number: S-11-0250

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Campbell County, Honorable Michael N. Deegan, Judge.

Representing Appellant: Diane M. Lozano, State Public Defender and Tina N. Olson, Appellate Counsel. Argument by Ms. Olson.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Stewart M. Young, Faculty Director, Joshua B. Taylor, Student Director, Dustin J. Richards, Student Intern, of the Prosecution Assistance Program. Argument by Mr. Richards.

Date of Decision: August 22, 2012

Facts: The appellant, Billie Colleen Johnson, was convicted of two counts of delivery of methamphetamine. On appeal, she claimed that the district court abused its discretion when it allowed the Confidential Informant (CI) to testify, although the appellant was not given the CI’s telephone number. She also argued that the district court violated her constitutional rights when it considered the appellant’s failure to take responsibility for her criminal activity at sentencing. Affirmed.

Issues:

1. Did the district court abuse its discretion when it allowed the CI to testify at trial, even though the CI’s telephone number was not provided to defense counsel?

2. Did the district court violate the appellant’s right to a jury trial when it considered the appellant’s failure to accept responsibility for her criminal conduct at sentencing?

Holdings: The district court did not abuse its discretion when it allowed the CI to testify at trial, although the CI’s telephone number was not previously provided to defense counsel. Additionally, the district court did not violate the appellant’s right to a jury trial when it considered the appellant’s failure to accept responsibility for her criminal activity at sentencing. Therefore, the Court affirmed the appellant’s conviction and sentence.

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

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