362 P.3d 785
Wyo.2015Background
- Elton Henry pleaded no contest to one count of first-degree and one count of second-degree sexual abuse of a minor, under a written plea agreement that dismissed seven other felony counts.
- The plea agreement contained a broad, express waiver of the right to appeal and to object to the plea, plea agreement, and convictions, and noted firearms consequences.
- At the change-of-plea hearing the district court told Henry that a felony could affect his ability to obtain employment or licenses and could affect his right to possess firearms, saying he should assume he may never be allowed to have a gun.
- Henry was sentenced to long concurrent prison terms and timely filed a notice of appeal.
- On appeal Henry argued the district court failed to comply with Wyo. Stat. Ann. § 7-11-507 by not advising him that loss of firearms privileges could affect employment; the State argued Henry waived the right to appeal that issue in his plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed to give the § 7-11-507 advisement regarding employment consequences of losing firearm privileges | Henry: the court did not adequately advise him of employment consequences tied to loss of firearms privileges | State: Henry expressly waived appellate rights (including objections tied to firearms advisement) in his plea agreement | Court: Waiver is enforceable under Hahn test; in any event the colloquy + plea agreement satisfied § 7-11-507 advisement requirements |
Key Cases Cited
- Starrett v. State, 286 P.3d 1033 (Wyo. 2012) (interpreting § 7-11-507 as mandatory and reversing when advisement was omitted)
- Balderson v. State, 309 P.3d 809 (Wyo. 2013) (explaining § 7-11-507 requires two advisements: federal firearms disqualification and employment consequences)
- McEwan v. State, 314 P.3d 1160 (Wyo. 2013) (reversing despite defendant not being plausibly affected because advisement is compulsory)
- Bush v. State, 79 P.3d 1178 (Wyo. 2003) (defendant may waive right to appeal if waiver is knowing and voluntary)
- United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (three-part test for enforceability of appellate waivers: scope, knowing/voluntary, miscarriage of justice)
- Beck v. State, 110 P.3d 898 (Wyo. 2005) (enforcing specific plea-waiver terms when knowing and voluntary)
- Ruiz v. United States, 536 U.S. 622 (2002) (permitting waiver of certain pretrial disclosures in plea agreements)