Summary 2012 WY 145

Summary of Decision November 20, 2012

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

Case Name: DONALD J. BOUCHER v. THE STATE OF WYOMING

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

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