Brian J. Noel v. The State of Wyoming
319 P.3d 134
Wyo.2014Background
- Noel pleaded guilty to two counts of attempted voluntary manslaughter under a plea agreement that reduced the original charges from attempted second-degree murder.
- The agreement provided a joint sentencing recommendation with a non-binding framework: Noel could argue for the minimum within a 5.5 to 20 year per count range, with consecutive terms possible.
- The district court accepted Noel’s pleas, including an Alford/Berry style basis, finding a sufficient factual basis despite Noel’s asserted innocence.
- Noel was sentenced January 22, 2013 to 17–20 years on each count, to run consecutively, within the statutory ranges.
- Noel argued the plea agreement and sentencing violated Rule 11, misapplied mitigating evidence, and yielded an unfair sentence.
- The appellate court conducted a plain-error review and affirmed the district court’s validity of the plea, the guilty pleas, and the sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the plea agreement under Rule 11(e) | Noel: state concessions required more than mere charge reduction | State: reduced charges and framework complied with Rule 11(e)(1)(A) | Plea agreement valid under Rule 11(e)(1) |
| Validity of Noel's Alford/Berry pleas and factual basis | Noel: insufficient factual basis for intent to kill | State: totality supported the intent and admissible under Alford/Berry | Guilty pleas were knowingly, voluntarily, intelligently made with adequate factual basis |
| Logical possibility of attempted voluntary manslaughter | Noel: attempted voluntary manslaughter is logically impossible | State: Wyoming precedent recognizes such crimes as possible | Attempted voluntary manslaughter is legally and logically possible |
| Reasonableness and consideration of mitigating factors in sentencing | Noel: court failed to properly weigh mitigating evidence | State: court considered mitigating and aggravating factors and accurate information | Sentences affirmed; no abuse of discretion; information was accurate and properly weighed |
Key Cases Cited
- Kruger v. State, 2012 WY 2 (Wy. 2012) (plain-error review framework for appeals)
- Duke v. State, 209 P.3d 563 (Wy. 2003) (plea agreement standards and validity)
- Maes v. State, 114 P.3d 708 (Wy. 2005) (factual basis and intent in plea reasoning)
- Johnston v. State, 829 P.2d 1179 (Wy. 1992) (Alford pleas and necessity of strong evidence of guilt)
- Reilly v. State, 55 P.3d 1295 (Wy. 2002) (recognition of attempted voluntary manslaughter as valid)