Summary 2013 WY 163

Summary of Decision December 31, 2013

Justice Voigt delivered the opinion of the Court. Affirmed.

Case Name: ANDREW MASCARENAS v. THE STATE OF WYOMING

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.

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