261 P.3d 753
Wyo.2011Background
- The Campbell County Attorney filed a Motion for Order to Show Cause Why Defendant Ought Not be Held in Criminal Contempt of Court on May 11, 2010.
- The juvenile case involved the daughter of Hultgren's fiancée; Hultgren was joined as a 'significant other' to the juvenile case.
- The show cause alleged Hultgren violated the juvenile order in six ways, prompting an early Order to Show Cause and Appear.
- At arraignment on May 25, 2010, the charge was amended to three alleged violations: DFS substance-extractions, alcohol consumption, and presence of alcohol.
- The district court held a bench trial, found proof beyond a reasonable doubt, and imposed 90 days’ jail (suspended) and $500 fine (suspended for 90 days of probation).
- On November 16, 2010, the district court entered Judgment and Sentence listing six grounds for contempt, despite the amended charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fair sentencing was denied due to six grounds used against three. | Hultgren contends six grounds tainted sentence. | Hultgren argues six grounds exceeded the amended charge. | Issue rendered moot by nunc pro tunc; affirmed. |
Key Cases Cited
- Johnson v. State, 914 P.2d 810 (Wy. 1996) (nunc pro tunc authorization; correction of inaccuracy)
- Christensen v. State, 854 P.2d 675 (Wy. 1993) (nunc pro tunc limitations on substantive changes)
- Dolence v. State, 2005 WY 27 (Wy. 2005) (nunc pro tunc context; correction of record)
- McCormack v. State, Dept. of Family Services, 2008 WY 119 (Wy. 2008) (nunc pro tunc implications in DFS matters)