327 P.3d 107
Wyo.2014Background
- Derrera pled guilty to DWUI in 2006-3226; plea was pro se and without counsel.
- Sentencing for the 2006 case occurred in 2007; the court later stated Derrera was represented, though the file lacked evidence of counsel.
- Derrera argued his 2007 conviction violated his Sixth Amendment right to counsel due to lack of counsel at plea/sentencing.
- In 2009, Derrera was charged again with misdemeanor DWUI; after a mistrial was declared, the State caused a dismissal with prejudice.
- The district court later reinstated the 2009 case after finding a clerical error and allowed refiling; Derrera ultimately pleaded guilty in 2009.
- For sentence enhancement under § 31-5-233(e), the district court relied on four prior DWUI convictions, including 2007 and 2009, to raise the felony level.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the 2007 conviction obtained with valid Sixth Amendment waiver? | Derrera contends the 2007 plea violated counsel rights. | Derrera waived counsel; record shows awareness of rights and voluntary waiver. | Waiver valid; 2007 conviction constitutionally obtained |
| Did reinstating the 2009 case after dismissal with prejudice violate double jeopardy? | Reopening after dismissal with prejudice violated double jeopardy. | Reopening allowed by procedure; no prosecutorial hostility or jeopardy bar. | No double jeopardy violation; reinstatement proper, record supports |
Key Cases Cited
- City of Laramie v. Cowden, 777 P.2d 1089 (Wyoming Supreme Court 1989) (prima facie showings for constitutionally invalid convictions are required)
- Gideon v. Wainwright, 372 U.S. 335 (U.S. Supreme Court 1963) (right to counsel in criminal prosecutions)
- Duffy v. State, 837 P.2d 1047 (Wyoming Supreme Court 1992) (right to counsel applies to critical stages)
- Van Riper v. State, 882 P.2d 230 (Wyoming Supreme Court 1994) (adequate inquiry on waiver of counsel)
- Craft v. State, 262 P.3d 1253 (Wyoming Supreme Court 2011) (knows how to evaluate knowing and intelligent waiver)
- Trujillo v. State, 2 P.3d 567 (Wyoming Supreme Court 2000) (waiver understanding and police of plea)
- Schiro v. Summerlin, 542 U.S. 348 (U.S. Supreme Court 2004) (sentencing considerations separate from guilt)
- Painovich v. Painovich, 216 P.3d 501 (Wyoming Supreme Court 2009) (recording burden on completeness of record for review)
- Beeman v. Beeman, 109 P.3d 548 (Wyoming Supreme Court 2005) (appellate review of judgments in family/other contexts)
- State v. Naple, 143 P.3d 358 (Wyoming Supreme Court 2006) (whether trial court had authority to dismiss with prejudice)
- Newman v. State, 88 P.3d 445 (Wyoming Supreme Court 2004) (double jeopardy analysis framework)
- Landeroz v. State, 267 P.3d 1075 (Wyoming Supreme Court 2011) (co-extensive Fifth and Fourteenth Amendment protections)