Kiet Hoang Nguyen v. The State of Wyoming
2013 WY 50
| Wyo. | 2013Background
- Nguyen pleaded guilty to one count of larceny under Wyoming law.
- State-provided factual basis alleged he deposited checks from others, some forged, then withdrew $1,800 before bank knew they were bad.
- Plea agreement dismissed three forgery charges and recommended probation in exchange for the guilty plea.
- District court accepted the factual basis and advised rights, with defense counsel agreeing the basis reflected the State’s evidence.
- A presentence investigation and substance abuse evaluation followed; sentencing imposed four to nine years’ imprisonment and a $5,000 fine.
- We reverse, holding the plea was not supported by a sufficient factual basis to establish larceny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a sufficient factual basis for the guilty plea to larceny? | Nguyen argues the basis did not prove the taking element. | State contends waiver and that any criminal conduct suffices to sustain a plea. | No; the district court violated Rule 11 by accepting a plea without a sufficient factual basis. |
Key Cases Cited
- Maes v. State, 2005 WY 70 (Wy. 2005) (voluntariness and factual basis standard for Rule 11)
- Van Haele v. State, 90 P.3d 708 (Wy. 2004) (factual basis inquiry to protect rights; competency context)
- Jones v. State, 256 P.3d 527 (Wy. 2011) (taking and carrying elements required for larceny)
- Powell v. State, 282 P.3d 163 (Wy. 2012) (trepassory taking required; insufficient showing in record)
- Hirsh v. State, 135 P.3d 586 (Wy. 2006) (interpretation of factual basis and Rule 11 standards)
- Sami v. State, 85 P.3d 1014 (Wy. 2004) (purpose of factual basis inquiry; protection of rights)
- Landeros-Lopez, 615 F.3d 1263 (10th Cir. 2010) (consider record at time of plea for factual basis; prejudice standard)
- Dominguez Benitez, 542 U.S. 74 (U.S. 2004) ( heightened prejudice rule for Rule 11 after guilty plea)
- Garcia-Paulin, 627 F.3d 127 (10th Cir. 2010) (waiver of appellate review ineffective if factual basis inadequate)
- Angeles-Mascote, 206 F.3d 529 (5th Cir. 2000) (example of prejudice where plea supports no proper offense)