Friday, January 24, 2014

Summary 2014 WY 11

Summary of Decision January 24, 2014

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0090


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

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

Representing Appellee: Peter A. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General; and Brian J. Fuller, Student Intern.

Date of Decision: January 24, 2014

Facts: Kasey Perkins entered Alford guilty pleas to four charges in the district court: two counts of promoting prostitution, one count of conspiracy to commit first degree sexual assault, and one count of aggravated assault and battery on a pregnant woman (his girlfriend). On appeal, Perkins contends that the “no contact” condition of probation is not reasonably related to his rehabilitation and furthermore is an encroachment upon his fundamental right to raise his children.

Issues: Mr. Perkins presents a single issue on appeal: Whether the district court abused its discretion when, during sentencing, and as a condition of probation, it ordered that Mr. Perkins have no contact with his minor children.

Holdings/Decision: Based upon the broad sentencing discretion of district courts, supported by Wyoming statute and substantial precedent, we find no abuse of discretion in the district court’s imposition of a “no contact” condition of probation in Perkins’ sentencing.

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 quote 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]

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