Tuesday, November 20, 2012

Summary 2012 WY 145

Summary of Decision November 20, 2012

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0045

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

Appeal from the District Court of Laramie County, Honorable Michael K. Davis, Judge.

Representing Appellant: Diane Lozano, State Public Defender, PDP; Tina N. Olson, Chief Appellate Counsel; Diane E. Courselle, Director, Defender Aid Program; Sara Caty, Student Director.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General.

Date of Decision: November 20, 2012

Facts: After this Court affirmed his six sexual assault convictions in Boucher v. State, 2011 WY 2, 245 P.3d 342 (Wyo. 2011), Donald J. Boucher filed two motions for sentence reduction, one through counsel and one pro se. The district court denied the pro se motion without mentioning counsel’s motion. Mr. Boucher appealed, claiming the district court erred as a matter of law when it denied his motion without considering his change of circumstances.

Issues: Mr. Boucher asserts the district court erred in denying his motion for sentence reduction. The State asserts the district court properly exercised its discretion and denied the motions upon finding the sentence fair and just.

Holdings: The district court did not abuse its discretion in denying Mr. Boucher’s motions for sentence reduction. The order was affirmed.

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]


eFiling for Courts said...

Interesting case. Where can I go to see the decision of this case?? Thanks!

WSLL said...


The URL link posted above in the summary will have the entire opinion.

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