Friday, December 27, 2013

Summary 2013 WY 162

Summary of Decision December 27, 2013

Justice Voigt delivered the opinion of the Court. Affirmed.


Docket Numbers: S-13-0147, S-13-0148


Appeal from the District Court of Laramie County the Honorable Peter G. Arnold, Judge

Representing Appellant: Kyle B. Askin, pro se.

Representing Appellee: Peter K. Michael, Interim Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General; Jennifer E. Zissou, Assistant Attorney General.

Date of Decision: December 27, 2013

Facts: The appellant pled guilty to two counts of failure to register as a sex offender and received concurrent sentences of two to four and four to six years. The district court suspended the sentences, however, and imposed eight years probation. The appellant did not adhere to the terms of his probation, resulting in the State charging him with escape and seeking to revoke his probation. The district court revoked the appellant’s probation and reimposed the suspended sentence for failure to register. The appellant then pled guilty to the crime of escape and was sentenced to three to seven years, which was suspended in favor of four years probation to be served consecutively to the separate reimposed sentence. The appellant filed a motion to correct an illegal sentence, which was denied by the district court.

The appellant filed two separate appeals. However, both arise from the same set of facts, proceedings, district court, and are premised upon an identical issue. Accordingly, the appeals were consolidated.

Issue: Did the district court abuse its discretion by denying the appellant’s motion to correct an illegal sentence?

Holdings/Conclusion: The district court did not abuse its discretion when it sentenced the appellant to a period of imprisonment followed by a period of probation. Affirmed.

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

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