Clark v. State
2012 WY 61
| Wyo. | 2012Background
- Clark pled guilty to two counts of third degree sexual abuse of a minor under a plea agreement; four counts were dismissed.
- District court imposed concurrent six-to-ten-year prison terms; probation was discussed but not reflected in the judgment.
- Forensic evaluation found Clark competent; she had prior mental-health concerns but competency to proceed was found.
- Clark argued her guilty pleas were not voluntary and the lack of probation consideration in the written judgment required reversal/remand.
- The court conducted a re-arraignment with Rule 11 procedures, addressing rights, the plea, and the factual basis for the plea.
- On appeal, the Wyoming Supreme Court affirmed the conviction but remanded for an amended judgment to reflect probation consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea voluntary and informed? | Clark contends insufficient Rule 11 inquiry. | State asserts adequate compliance and voluntariness. | Yes; plea voluntary and informed. |
| Did the district court fail to address probation in the written judgment under Rule 32? | Trumbull requires reversal for silent probation consideration. | Probation was considered at sentencing; omission is clerical, warranting remand for amendment. | Remand for amended judgment to reflect probation consideration. |
Key Cases Cited
- Trumbull v. State, 214 P.3d 978 (Wyoming, 2009) (probation must be expressly considered in sentence; silence triggers reversal)
- Sena v. State, 233 P.3d 993 (Wyoming, 2010) (voluntariness review of guilty pleas de novo; totality of circumstances)
- Washington v. State, 261 P.3d 717 (Wyoming, 2011) (judgment and sentence compliance with Rule 32 review)
- Jackson v. State, 273 P.3d 1105 (Wyoming, 2012) (record should reflect factual basis; court's scrutiny of plea)
- Maes v. State, 114 P.3d 708 (Wyoming, 2005) (totality of circumstances standard for voluntariness)
- Reyna v. State, 33 P.3d 1129 (Wyoming, 2001) (Rule 11 requirements and waivers)
- Van Haele v. State, 90 P.3d 708 (Wyoming, 2004) (factors describing when Rule 11 suffices to establish voluntariness)