Joreski v. State
2012 WY 143
| Wyo. | 2012Background
- Joreski pleaded guilty by Alford plea to three counts of first-degree sexual abuse of a minor and one count of third-degree sexual abuse.
- State capped its sentence at 25 years; Joreski could argue for shorter sentence.
- Sentencing occurred after plea; court commented on lack of remorse and flippant attitude.
- Joreski consented to the factual basis; no objection to it at the plea stage.
- District court sentenced: Counts 1, 2, 4 to 22–24 years each; Count 3 to 12–15 years; concurrent terms.
- Order to Correct Sentence adjusted the totals to reflect a fixed aggregate sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err by considering lack of remorse given an Alford plea? | Joreski argues silence and lack of allocution infringe self-incrimination. | Court may consider remorse and related factors in sentencing. | No plain error; no reversal on this issue. |
Key Cases Cited
- Mitchell v. United States, 526 U.S. 314 (U.S. 1999) (silence at sentencing and self-incrimination concerns; not controlling on remorse question)
- Noller v. State, 168 P.3d 468 (Wy. 2007) (courts may consider a broad range of factors in sentencing)
- Johnson v. State, 283 P.3d 1145 (Wy. 2012) (remorse as an appropriate sentencing factor)
- Dodge v. State, 951 P.2d 383 (Wy. 1997) (cooperation and remorse as sentencing considerations)