257 P.3d 23
Wyo.2011Background
- K.C., a juvenile, was adjudged delinquent for shoplifting and placed on three to six months supervised probation.
- K.C. was allowed to live with her grandmother and required to attend school regularly with no unexcused absences and earn at least C grades.
- K.C. violated probation terms by poor school attendance and grades; the State petitioned to revoke probation.
- At the revocation hearing, K.C., then 16, admitted to failing in school and having unexcused absences.
- The court expressed that placement at the Wyoming Girls' School was the likely disposition after considering MDT input and family views.
- The juvenile court ultimately placed K.C. at the Wyoming Girls' School and set a four-month review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the disposition violated statutory and case-law sanctions. | KC argues abuse of discretion for deviating from sanctions. | KC argues deviation lacked written justification; State contends placement is permissible. | No abuse; placement within allowable sanctions. |
| Whether due process was violated during the dispositional phase of probation revocation. | KC asserts self-incrimination and Rule 11 advisements were improper. | KC's statements were used for disposition, and Rule 11 does not apply to juvenile delinquency dispositional phase. | No due process violation; dispositional considerations valid and Rule 11 inapplicable. |
Key Cases Cited
- CT v. State, 2006 WY 101 (Wy. 2006) (de novo review of disposition within statutory framework)
- Jackson v. State, 2009 WY 82 (Wy. 2009) (de novo review of juvenile dispositions)
- WJH v. State, 2001 WY 54 (Wy. 2001) (sanction guidelines; need for written justification if deviating)
- White v. State, 934 P.2d 745 (Wyo. 1997) (abuse of discretion when sentence illegal)
- Martinez v. State, 2002 WY 10 (Wy. 2002) (definition of illegal sentence; standard of review)
