Friday, August 02, 2013

Summary 2013 WY 87

Summary of Decision July 16, 2013

Justice Burke delivered the opinion for the Court. Dismissed.


Docket Number: S-12-0273


Appeal from the District Court of Washakie County the Honorable Robert E. Skar, Judge

Representing Appellant: Pro se.

Representing Appellee: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General.

Date of Decision: July 16, 2013

Facts: Appellant, Tony Serna, was charged with one count of felony property destruction. Pursuant to a plea agreement, he pled no contest to the charge. In accordance with the plea agreement, Mr. Serna received “first offender treatment” pursuant to Wyo. Stat. Ann. § 7-13-301, and was placed on supervised probation for five years. He challenges that order in this appeal.

Issues: We quote the issues as they are stated in Mr. Serna’s brief: The district court being in error, described as “Plain Error” in W.R.A.P. 9.05; and Supplemental evidence which may be taken by the reviewing court in cases involving fraud, or involving misconduct of some person engaged in the administration of the law affecting the decision, as described in W.R.A.P. 12.08; and Additional material evidence according to W.R.A.P. 12.08. In all cases other than contested cases, additional material evidence may be presented to the reviewing court.

According to the State, the issues are these: I. When a brief fails to present a valid contention supported by cogent argument or pertinent authority, this Court has consistently refused to consider the appeal. Serna’s brief does not contain a cogent argument supported by pertinent authority that would allow this Court to discern the nature of the issues. Should this Court entertain this appeal? II. The entry of a no contest plea prohibits appellate review of most defenses, including arguments that a defendant’s rights were violated prior to the entry of the plea. Serna entered a plea and received his bargained-for first offender disposition. Although less than clear, Serna appears to argue that his actions were justified due to a wide-ranging conspiracy against him. Should this Court entertain his appeal?

Holdings: The Court concluded that this appeal must be dismissed.

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

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