308 P.3d 825
Wyo.2013Background
- In 1999, DeMillard pled guilty to burglary and attempted assault on a peace officer, with several other charges dismissed; he received suspended prison sentences and 12 years of supervised probation.
- Probation conditioned on compliance with medical/mental health requirements and no contact with his ex-wife and children.
- Over the years, the State sought probation revocation for mental health treatment noncompliance, including a 2002 petition and a 2005 evaluation showing severe mental illness; some petitions were dismissed or restitution-related.
- The 2011 petition to revoke again alleged contact with his children; a forensic evaluation found incompetence to proceed, leading to suspension of proceedings and a request for restoration of competency through medication.
- In December 2011, evaluators advised involuntary antipsychotic medication to restore competency; the district court granted involuntary medication, and by July 2012 DeMillard was found competent for the probation revocation proceedings.
- At the probation revocation hearing (2012), the court found willful violations of the no-contact condition and revoked probation, reinstating the original sentence with credit for pre-sentence confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion revoking probation. | DeMillard contends violations were not willful due to mental illness. | State argues willfulness shown by repeated contact despite knowledge of prohibition. | No abuse; conduct was willful based on evidence and conduct despite awareness. |
| Whether involuntary medication to restore competency for probation revocation was proper under § 7-11-303(e). | § 7-11-303(e) applies to standing trial, not probation revocation. | Statute encompasses probation revocation; medication restoration is appropriate. | Statute applies to probation revocation; involuntary medication was proper to restore competency. |
Key Cases Cited
- Gailey v. State, 882 P.2d 888 (Wyo. 1994) (probation revocation are extensions of sentencing)
- Mapp v. State, 929 P.2d 1222 (Wyo. 1996) (framework for revocation procedures and willfulness)
- Eaton v. State, 192 P.3d 36 (Wyo. 2008) (competency; sentencing phases of trial guidance)
- Olsen v. State, 67 P.3d 536 (Wyo. 2003) (sentencing-phase considerations and competency principles)
- Follett v. State, 132 P.3d 1155 (Wyo. 2006) (competency requirement extends through sentencing)
- Sell v. United States, 539 U.S. 166 (Supreme Court 2003) (standards for involuntary antipsychotic medication to render competent)
- Spreeman v. State, 278 P.3d 1159 (Wyo. 2012) (statutory interpretation of § 7-11-303(e))
- Sweets v. State, 2003 WY 64, 69 P.3d 404 (Wyo. 2003) (standard for revocation of probation; preponderance of the evidence)
- Ramsdell v. State, 149 P.3d 459 (Wyo. 2006) (burden-shifting in probation-revocation restitution context)