351 P.3d 257
Wyo.2015Background
- 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)
