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Presbury v. State

March 22, 2010

JOVAN DOVANTE PRESBURY, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING, APPELLEE (PLAINTIFF).



Appeal from the District Court of Laramie County, The Honorable Edward L. Grant, Judge.

The opinion of the court was delivered by: Hill, Justice

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

[¶1] Jovan Dovante Presbury pleaded guilty to one count of aggravated robbery. After not being given the opportunity to address the court during sentencing, he appeals. We reverse, and remand for resentencing.

ISSUE

[¶2] Presbury states his single issue as follows:

The trial court denied Mr. Presbury's right of allocution prior to sentencing.

The State responds that

Although the district court did not address [Mr. Presbury] during sentencing, any such error was harmless.

FACTS

[¶3] Jovan Dovante Presbury was charged in Laramie County, Wyoming, with three counts arising out of the same incident: conspiracy to commit aggravated burglary, accessory to aggravated robbery, and robbery. He was later charged with a count of attempted second degree murder, also arising out of the same incident.

[¶4] Eventually the two cases were joined, and the parties reached a plea agreement. An amended information was filed combining the cases, but reducing the charge to a single count of aggravated robbery. Presbury entered a guilty plea to this single charge, and was sentenced to a term of fourteen to eighteen years with credit for time served.

[¶5] Presbury appeals based on his claim that the district court failed to follow the requirements of W.R.Cr.P. 32(c)(1)(C) (".before imposing sentence, the court shall also address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence.") Presbury claims that he was never addressed by the court, and was thus not offered any opportunity to make a statement or present any mitigating information.

STANDARD OF REVIEW

[ΒΆ6]The following standard of review applies to alleged errors ...


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