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257 P.3d 23
Wyo.
2011
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Background

  • 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)
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Case Details

Case Name: In the Interest of K.C. v. State
Court Name: Wyoming Supreme Court
Date Published: Jul 12, 2011
Citations: 257 P.3d 23; 2011 Wyo. LEXIS 111; 2011 WY 108; No. S-10-0247
Docket Number: No. S-10-0247
Court Abbreviation: Wyo.
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    In the Interest of K.C. v. State, 257 P.3d 23