Osborn v. State, 290 P.3d 1096

Appellant Osborn was convicted in 1982 of aiding and abetting first degree murder, attempted first degree murder, and aggravated robbery in Sweetwater County with lengthy concurrent and consecutive life terms.
Additional 1982 convictions in Uinta County included aggravated robbery and conspiracy to commit aggravated robbery; felony murder resulted in a death sentence.
State and federal habeas actions led to multiple reversals; Osborn pled guilty again to avoid the death penalty with revised concurrent sentences.
In 2011, Osborn moved to Correct an Illegal Sentence, arguing the aggravated robbery penalty should be reduced under a 1988 Wyoming amendment, arguing retroactive application under § 6-1-101(c).
The district court reduced the Uinta County aggravated robbery sentence to 22-25 years, but Osborn contested his right to be present at the hearing and the district court’s authority to modify the sentence.
The Wyoming Supreme Court upheld the correction and denied withdrawal of the guilty pleas, concluding Osborn had no right to be present and that plea withdrawal was unwarranted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to be present at resentencing	Osborn contends presence required under Rule 48 and federal due process.	State argues no right to be present at a Rule 85 correction, citing Rule 48(c)(4).	No right to be present; presence not required.
Withdrawal of guilty pleas after illegal sentencing	Pleas should be withdrawable where the sentence was illegal and inducement occurred.	No withdrawal where plea was not induced by an illegally short sentence; prior agreements nullified by federal reversals.	District court did not abuse discretion; no withdrawal.

Abeyta v. State, 2003 WY 136 (Wy. 2003) (right to presence at critical stages)
United States v. Behrens, 375 U.S. 162 (S. Ct. 1963) (right to be present for final sentencing determination)
Snyder v. Com. of Mass., 291 U.S. 97 (S. Ct. 1934) (presence allowed when useful to fairness)
Kentucky v. Stincer, 482 U.S. 730 (S. Ct. 1987) (presence at trial stages depends on fairness)
Illinois v. Allen, 397 U.S. 337 (S. Ct. 1970) (presence not required where proceedings would be useless)
Maupin v. State, 694 P.2d 720 (Wyo. 1985) (Wyoming right to presence at trial stages)
Osborn v. State, 806 P.2d 259 (Wyo. 1991) (federal reversals and plea framework; concurrency/withdrawal context)
United States v. Greatwalker, 285 F.3d 727 (8th Cir. 2002) (withdrawal when sentence was illegal; inducement issue)
United States v. Jackson, 923 F.2d 1494 (11th Cir. 1991) (correction of illegal sentence; no resentencing required if not more onerous)
United States v. Moree, 928 F.2d 654 (5th Cir. 1991) (More strict rule on Rule 35(a) corrections and presence)