417 P.3d 174
Wyo.2018Background
- Sonya Smiley pleaded guilty to being an accessory to second-degree sexual abuse of one minor and third-degree sexual abuse of another; two other charges were dismissed as part of the plea.
- Presentence report listed restitution requests: Wyoming Division of Victims Services $495.24 and Wyoming Medicaid $17,515.20 (the latter labeled "verified").
- Victim AH’s mother described severe psychiatric harm to AH, including self-harm, suicide attempts, and two residential stays at the Wyoming Behavioral Institute.
- At sentencing Smiley’s counsel questioned documentation for the Medicaid amount and argued Smiley lacked ability to pay (on disability), but did not make a cogent, specific factual objection to the amount.
- The district court ordered Smiley and her husband jointly and severally liable for $17,515.20 restitution to Wyoming Medicaid; Smiley appealed only the restitution award.
Issues
| Issue | Plaintiff's Argument (Smiley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for $17,515.20 Medicaid restitution | Amount not supported by documentation; counsel said no documentation provided | Presentence report and victim impact statement verified the claim and showed residential treatment consistent with the amount | Affirmed — presentence report + victim impact statement provided reasonable basis to estimate loss; defendant’s challenge was inadequately preserved |
| District court abused discretion by ordering restitution given Smiley’s inability to pay | Smiley on Social Security disability, serious health issues, lengthy prison sentence — cannot pay | Statute requires restitution unless court expressly finds no present ability and no reasonable probability of future ability; court need not make detailed financial findings | Affirmed — no showing that Smiley has no present ability and no reasonable probability to pay in future; court acted within discretion |
Key Cases Cited
- Guinard v. State, 337 P.3d 426 (Wyo. 2014) (reasonable basis for estimating victim loss supports restitution)
- Frederick v. State, 151 P.3d 1136 (Wyo. 2007) (PSI or victim statement may suffice to support restitution amount)
- Penner v. State, 78 P.3d 1045 (Wyo. 2003) (same: court may rely on PSI/victim statement for restitution)
- Brock v. State, 967 P.2d 26 (Wyo. 1998) (victim’s brief request can suffice to support restitution)
- Chippewa v. State, 126 P.3d 129 (Wyo. 2006) (objection to restitution must be cogent and specific to preserve challenge)
- Shafer v. State, 344 P.3d 284 (Wyo. 2015) (court need not make detailed findings about defendant’s finances before ordering restitution)
- Nixon v. State, 4 P.3d 864 (Wyo. 2000) (restitution may be ordered despite suspicion defendant may not be able to pay)