Tuesday, December 31, 2013

Summary 2013 WY 163

Summary of Decision December 31, 2013

Justice Voigt delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0027

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

Appeal from the District Court of Carbon County the Honorable Wade E. Waldrip, Judge

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General; Prosecution Assistance Program: Darrell D. Jackson, Faculty Director, David E Singleton, Student Director, Sophie Dornbach, Student Intern. Argument by Ms. Dornbach.

Date of Decision: December 31, 2013

Facts: The appellant, Andrew Mascarenas, was convicted of felony driving while under the influence of alcohol, reckless driving, driving with a suspended license, and driving without an interlock device. He appeals these convictions, arguing that his constitutional right to a speedy trial was violated and the State failed to present sufficient evidence to support the reckless driving conviction.

Issues: 1) Did the appellant receive his constitutional right to a speedy trial? 2) Did the State present sufficient evidence to support the appellant’s reckless driving conviction?

Holdings/Conclusion: Although the appellant was incarcerated for 332 days pending the commencement of his trial, we find his right to a speedy trial was not violated. Further, the State presented sufficient evidence to support his conviction for reckless driving. 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 quotation, 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.]

No comments:

Check out our tags in a cloud (from Wordle)!