Thursday, October 31, 2013

Summary 2013 WY 137

Summary of Decision October 31, 2013

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


Docket Number: S-13-0044


Appeal from the District Court of Natrona County the Honorable Catherine E. Wilking, Judge

Representing Appellant: W. Keith Goody, Cougar, Washington.

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

Date of Decision: October 31, 2013

Facts: Timothy James Russell was charged with one count of conspiracy to deliver methamphetamine. Pursuant to a plea agreement with the State, Mr. Russell entered a plea of nolo contendere to the charge. The district court accepted the plea and scheduled a sentencing hearing. Thereafter, Mr. Russell retained new counsel who filed a motion to withdraw the plea. After a hearing, the district court denied the motion. Mr. Russell appealed, claiming the district court abused its discretion when it denied his motion to withdraw his plea.

Issues: The issue for this Court’s determination is whether the district court abused its discretion when it denied Mr. Russell’s motion to withdraw his plea.

Holdings/Conclusion: We find no abuse of discretion and affirm.

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

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