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Serna v. State

Supreme Court of Wyoming

July 16, 2013

Tony SERNA, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Appeal from the District Court of Washakie County; Robert E. Skar, Judge.

Representing Appellant: Pro se.

Representing Appellee: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General.

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

BURKE, Justice.

[¶ 1] Appellant, Tony Serna, was charged with one count of felony property destruction. Pursuant to a plea agreement, he pled no contest to the charge. In accordance with the plea agreement, Mr. Serna received " first offender treatment" pursuant to Wyo. Stat. Ann. § 7-13-301 (LexisNexis 2011), and was placed on supervised probation for five years. He challenges that order in this appeal. We conclude that this appeal must be dismissed.

ISSUES

[¶ 2] We quote the issues as they are stated in Mr. Serna's brief:

1. The district court being in error, described as " Plain Error" in W.R.A.P. 9.05; and
2. Supplemental evidence which may be taken by the reviewing court in cases involving fraud, or involving misconduct of some person engaged in the administration of the law affecting the decision, as described in W.R.A.P. 12.08; and
3. Additional material evidence according to W.R.A.P. 12.08. In all cases other than contested cases, additional material evidence may be presented to the reviewing court.

According to the State, the issues are these:

I. When a brief fails to present a valid contention supported by cogent argument or pertinent authority, this Court has consistently refused to consider the appeal. Serna's brief does not contain a cogent argument supported by pertinent authority

Page 1143

that would allow this Court to discern the nature of the issues. Should this Court ...

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