Washington v. State
261 P.3d 717
Wyo.2011Background
- Washington, a DCI confidential informant, was arrested after drugs were found in his vehicle.
- He challenged the district court’s denial of discovery of the CI agreement and the CI policy manual, arguing material to his defense.
- He participated in a controlled buy operation after signing the CI agreement that barred handling contraband without authorization.
- The vehicle search yielded multiple controlled substances; he was charged with seven counts and pled not guilty.
- The district court mis-stated his plea as guilty in the Modified Judgment and Sentence, which also omitted certain W.R.Cr.P. 82 requirements; this prompted timely appeal.
- The court ultimately affirmed the conviction and remanded to amend the Modified Judgment and Sentence to comply with the Wyoming Rules of Criminal Procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the CI agreement and CI policy manual properly discoverable? | Washington contends discovery was improperly denied. | The State argues either lack of relevance or non-dispositive material. | No reversible error; discovery denial was not an abuse of discretion. |
| What is the effect of noncompliance with W.R.Cr.P. 82 in the Modified Judgment and Sentence? | The error warrants remand or reversal. | The omission is clerical and remediable. | The omissions are clerical; remand to amend to meet Rule 82 requirements. |
Key Cases Cited
- Ceja v. State, 208 P.3d 66 (Wyo. 2009) (constitutional right to defense; discovery standards under statute and rule)
- Nelson v. State, 202 P.3d 1075 (Wyo. 2009) (abuse of discretion standard for discovery rulings; materiality of evidence)
- Proffit v. State, 191 P.3d 974 (Wyo. 2008) (materiality and reasonableness in discovery decisions)
- Dysthe v. State, 63 P.3d 875 (Wyo. 2003) (defense-rights framework in discovery context)
- Glover v. Crayk, 122 P.3d 955 (Wyo. 2005) (clerical vs. judicial error in judgments; Rule 36 analogue)
- Spomer v. Spomer, 580 P.2d 1146 (Wyo. 1978) (clerical error correction and intent of the court)
- Eddy v. First Wyo. Bank, N.A.-Lander, 718 P.2d 228 (Wyo. 1986) (correction of clerical mistakes; operative standard)