Summary 2014 WY 27

Summary of Decision February 24, 2014

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

Case Name: RONALD D. ALLABACK v. THE STATE OF WYOMING

Docket Number: S-12-0242

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

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

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General.

Date of Decision: February 24, 2014

Facts: Ronald D. Allaback pleaded guilty to three counts of identity theft in violation of Wyo. Stat. Ann. § 6-3-901(a)(c)(ii) (LexisNexis 2013). The district court imposed a sentence of incarceration which it suspended in favor of eight years probation. The district court subsequently revoked and reinstated Mr. Allaback’s probation three different times. When the State filed a fourth petition to revoke, the district court granted the petition and imposed the underlying sentence of five to nine years incarceration. Mr. Allaback did not timely appeal from the order revoking probation and imposing sentence. After he filed a petition for writ of certiorari asking this Court to restore his appeal, we remanded to the district court for a hearing on the issue of whether defense counsel was ineffective. The district court held counsel was ineffective in failing to follow Mr. Allaback’s instruction to file an appeal.

Issues: Mr. Allaback presents the following issue for this Court’s determination: Did the trial court abuse its discretion by revoking his probation, considering that he did not receive proper notice of the charges against him and that he had previously been sanctioned for two of the violations?

Holdings/Conclusion: The evidence supported the district court’s decision to revoke Mr. Allaback’s probation and the decision was not an abuse of discretion. Affirmed.

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

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