Summary 2014 WY 45

Summary of Decision April 8, 2014

Justice Davis delivered the opinion of the Court. Affirmed.

Case Name: TY ROUSH v. THE STATE OF WYOMING

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

Docket Number: S-13-0111

Appeal from the District Court of Fremont County, the Honorable Norman E. Young, Judge

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

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

Date of Decision: April 8, 2014

Facts: Appellant Ty Roush entered a conditional guilty plea to a single count of third degree sexual assault, a violation of Wyo. Stat. Ann. § 6-2-304(a)(i), reserving the right to challenge the district court’s conclusion that the State could prosecute him under that statute, which was repealed in 2007.

Issue: Did Wyoming’s general saving statute, Wyo. Stat. Ann. § 8-1-107 (LexisNexis 2013), permit the State to initiate a third degree sexual assault prosecution in 2011 for conduct which preceded the repeal of Wyo. Stat. Ann. § 6-2-304(a)(i) (LexisNexis 2005) (repealed 2007) by more than four years?

Holdings/Conclusion: The district court correctly concluded that the State could prosecute Roush under a provision of the third degree sexual assault statute which survived that provision’s 2007 repeal by virtue of Wyoming’s general saving statute. We consequently affirm the district court’s denial of his motion to dismiss, and likewise affirm the judgment and sentence.

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

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