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351 P.3d 257
Wyo.
2015
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Background

  • Town pled guilty to second degree murder and received 75 years to life.
  • Indictment initially charged first degree murder; plea to amended second degree murder resolved the case.
  • Plea was accepted after district court questioned factual basis; no sentencing agreement.
  • Sentencing hearing included victim impact statements and testimony from multiple non-victims.
  • Court imposed 75 years to life after weighing mitigating and aggravating factors and accepting State’s recommendation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Plain error from non-victim statements at sentencing Town argues some statements were not victims. Town contends statements from non-victims should not influence sentencing. No plain error; court may consider non-victim statements under statute and case law.
Evidence at sentencing beyond presentence report under Rule 82 State offered additional evidence/information beyond the PSI. Such evidence should be limited to PSI-related content. Rule 82(c) allows broader evidence; no error in admitting evidence with opportunity to respond.

Key Cases Cited

  • Joreski v. State, 2012 WY 143 (Wy. 2012) (plain error standard of review for sentencing issues)
  • Mehring v. State, 860 P.2d 1101 (Wy. 1993) (trial court may consider broad range of information in sentencing)
  • Bitz v. State, 78 P.3d 257 (Wy. 2003) (uncharged crimes may be considered if defendant can dispute, with proper Rule 82 procedures)
  • Capellen v. State, 161 P.3d 1076 (Wy. 2007) (trial court has broad discretion to consider information in sentencing)
  • Swingholm v. State, 910 P.2d 1334 (Wy. 1996) (sentencing may consider a wide range of information)
  • Christy v. State, 731 P.2d 1204 (Wy. 1987) (allowing broad consideration of defendant background for sentencing)
  • Hedge v. State, 696 P.2d 51 (Wy. 1985) (courts may consider entire background when determining sentence)
  • Clouse v. State, 776 P.2d 1011 (Wy. 1989) (due process concerns in sentencing information)
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Case Details

Case Name: Town v. State
Court Name: Wyoming Supreme Court
Date Published: May 28, 2015
Citations: 351 P.3d 257; 2015 WY 78; 2015 Wyo. LEXIS 89; 2015 WL 3409061; No. S-14-0231
Docket Number: No. S-14-0231
Court Abbreviation: Wyo.
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