Thursday, January 17, 2013

Summary 2013 WY 7

Summary of Decision January 17, 2013

Justice Golden delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0055


Appeal from the District Court of Crook County, Honorable Dan R. Price II, Judge.

Representing Appellant: Diane Lozano, State Public Defender; Tina N. Olson, Appellate Counsel; Elisabeth M. W. Trefonas, Assistant Public Defender

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

Date of Decision: January 17, 2013

Facts: Following a jury trial, Trevor C. Lake (Lake) was convicted of taking a controlled substance into a jail. Lake appealed his conviction, claiming that the district court erred by seating an unqualified juror. He also contended that the court erred in sentencing by not giving him full credit for time spent in presentence incarceration.

Issue: Lake presents the following issues for review:

I. Whether it is error to empanel a juror, who is not a resident of the County where the proceedings are held, when this renders the juror unqualified in violation of the Wyoming and United State Constitutions.

II. Whether an illegal Sentence must be corrected when credit for time served was improperly calculated and applied at Sentencing.

Holdings: The Court found no error in the district court’s seating of the jury, and found no error in the court’s award of credit for presentence confinement. 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]

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