Wednesday, April 23, 2014

Summary 2014 WY 54

Summary of Decision April 23, 2014

Justice Fox delivered the opinion for the Court. Reversed and remanded.

Case Name: GREGORY MATTHEWS v. THE STATE OF WYOMING

Docket Number: S-13-0160

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

Original Proceeding Petition for Writ of Review, District Court of Teton County, the Honorable Timothy C. Day, Judge

Representing Appellant: Robert E. Schroth, Sr. of Schroth & Schroth, LLC, Jackson, Wyoming.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jennifer E. Zissou, Assistant Attorney General. Argument by Ms. Zissou.

Date of Decision: April 23, 2014

Facts: Gregory Matthews challenges the district court order affirming his circuit court conviction for interference with a peace officer. Mr. Matthews entered into a conditional plea agreement, pursuant to which a charge of driving under the influence against him was dropped, and he pled guilty to the interference charge, reserving the right to appeal three issues. The district court affirmed the circuit court’s rulings on those three issues, and Mr. Matthews filed a petition for writ of review, which was granted by this Court.

Issues: The parties raise several issues. We will address only one issue that was not addressed by either party, because it is dispositive: Did Mr. Matthews enter a proper conditional guilty plea pursuant to W.R.Cr.P. 11 (a)(2)?

Holdings/Conclusion: We reverse and remand this matter to the district court with instructions to proceed in accordance with this opinion.

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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