Robert Daniel Turner v. The State of Wyoming, 2014 WY 75

In Aug–Sep 2012 Turner (then in West Virginia) arranged by telephone to pay $650 to an associate to damage his ex‑girlfriend’s vehicle located in Natrona County, Wyoming; the associate cooperated with law enforcement and the damage was not carried out.
Turner was arrested after returning to Wyoming and pled guilty to one felony count of solicitation to commit property destruction (value ≥ $1,000); two other solicitation/arson felony counts were dismissed in exchange.
At the change‑of‑plea hearing Turner affirmed he solicited the act by phone, was satisfied with counsel, and acknowledged there was no sentencing agreement (a “cold plea” as used by the court).
The court later sentenced Turner to 8–10 years’ imprisonment after rejecting probation; Turner appealed pro se, alleging lack of subject‑matter jurisdiction and ineffective assistance of counsel.
The record included a recorded phone call, text messages, and wire transfer evidence corroborating Turner’s solicitation and payment arrangements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Subject‑matter jurisdiction	Turner: Wyoming lacked jurisdiction because he was in West Virginia when he solicited the crime	State: Wyoming has jurisdiction where defendant’s conduct was intended to, or produced, an unlawful effect in Wyoming	Court: Jurisdiction exists — Turner’s out‑of‑state solicitation was intended to produce an effect in Wyoming and factual plea admissions support this
Sufficiency of factual basis for plea	Turner: (not argued on appeal)	State: plea transcript supplied sufficient factual basis	Court: Not challenged; plea transcript provided adequate factual basis
Ineffective assistance of counsel (general)	Turner: counsel failed to investigate/share evidence, failed to assert entrapment, did not file bill of particulars, and had conflict of interest	State: Record contradicts these claims; Turner affirmed satisfaction with counsel at plea	Court: Claims waived by unconditional plea; record undermines these allegations; no deficient performance shown
Ineffective assistance re: plea voluntariness (alleged sentencing promise)	Turner: counsel guaranteed lenient sentence via favor with judge, inducing plea	State: Court explicitly advised there was no sentencing agreement and warned plea did not limit possible sentence; plea was voluntary	Court: No deficient advice shown; court cured any misunderstanding on record; Turner not prejudiced — plea upheld

Rios v. State, 733 P.2d 242 (Wyo.) (out‑of‑state conduct subject to Wyoming jurisdiction when effect occurs in state)
Dawes v. State, 236 P.3d 303 (Wyo.) (jurisdiction over out‑of‑state acts that produced or intended to produce unlawful effect in Wyoming)
Hopkinson v. State, 632 P.2d 79 (Wyo.) (telephone arrangements made out of state supporting Wyoming jurisdiction for crimes committed in state)
Marquez v. State, 12 P.3d 711 (Wyo.) (conspiracy to commit crime in Wyoming establishes jurisdiction even if acts occur elsewhere and underlying crime not completed)
Kitzke v. State, 55 P.3d 696 (Wyo.) (unconditional guilty plea waives non‑jurisdictional challenges; preserves jurisdictional and voluntariness claims)
Reichert v. State, 134 P.3d 268 (Wyo.) (standard for ineffective assistance of counsel and prejudice after guilty plea)
Rutti v. State, 100 P.3d 394 (Wyo.) (advice about plea can affect voluntariness; analysis of prejudice when counsel misadvises on plea)
Palmer v. State, 174 P.3d 1298 (Wyo.) (defendant must show he would have insisted on trial but for counsel’s deficient advice)