Summary 2012 WY 159

Summary of Decision December 17, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Names: KEVIN W. OSBORN v. THE STATE OF WYOMING

Docket Numbers: S-12-0042; S-12-00116

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

Appeal from the District Court of Converse County, Honorable John C. Brooks, Judge.

Representing Appellant: Pro Se.

Representing Appellee: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Meri Geringer, Senior Assistant Attorney General.

Date of Decision: December 17, 2012

Facts: Appellant’s appeal related to his convictions and sentences for several serious crimes committed in 1982. In 2012, the district court granted a motion by Appellant to correct an illegal sentence, but Appellant claimed on appeal that the district court violated his right to be present when the sentence was corrected. He also challenged the district court’s denial of his motion to withdraw his previous guilty pleas.

Issues: Appellant states these issues, slightly reworded:

1. Did the trial court violate Appellant’s state and federal constitutional rights by sentencing him in absentia?

2. Did the trial court err by modifying Appellant’s sentence without allowing him to withdraw his plea?

Holdings: Appellant’s presence could not have been of any possible use, and the district court did not err in ruling that Appellant did not have the constitutional right to be present at this stage of the proceedings. The district court also did not err in refusing to allow Appellant to withdraw his guilty pleas. The district court’s decision 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]