Wednesday, November 14, 2012

Summary 2012 WY 143

Summary of Decision November 14, 2012

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0066


Appeal from the District Court of Natrona County, Honorable Catherine E. Wilking, Judge.

Representing Appellant: Diane Lozano, State Public Defender and Tina N. Olson, Chief Appellate Counsel.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Joshua Eames, Student Intern.

Date of Decision: November 14, 2012

Facts: Jason Joreski entered an Alford plea to three counts of first degree sexual abuse of a minor and one count of third degree sexual abuse of a minor. The Alford plea allowed Joreski to enter a guilty plea without allocuting or otherwise admitting his participation in the crimes. During Joreski’s sentencing hearing, the district court cited to a number of factors that influenced the court’s sentencing decision and then commented on Joreski’s flippancy and lack of remorse before announcing its decision. Joreski challenged the sentence, contending that the district court violated his constitutional right against self incrimination by using his silence as evidence of a lack of remorse.

Issues: Joreski presents a single issue on appeal:

Did the trial court err in considering [Joreski’s] lack of remorse at sentencing, when [Joreski] entered an Alford plea, and declined at sentencing to allocute.

Holdings: Joreski had not established that the district court inferred a lack of remorse based on his silence, and the Court therefore did not address the question whether such an inference would infringe on a defendant’s right against self-incrimination. Moreover, the Court found no plain error in the district court’s sentencing decision. Affirmed.

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

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