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Perkins v. State

Supreme Court of Wyoming

January 24, 2014

Kasey J. PERKINS, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Page 585

[Copyrighted Material Omitted]

Page 586

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and Kirk A. Morgan, Senior Assistant Appellate Counsel.

Representing Appellee: Peter A. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General; and Brian J. Fuller, Student Intern.

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

HILL, Justice.

[¶ 1] Kasey Perkins entered Alford guilty pleas to four charges in the district court: two counts of promoting prostitution, one count of conspiracy to commit first degree sexual assault, and one count of aggravated assault and battery on a pregnant woman (his girlfriend). On appeal, Perkins contends that the " no contact" condition of probation is not reasonably related to his rehabilitation and furthermore is an encroachment upon his fundamental right to raise his children. We affirm.

ISSUE

[¶ 2] Mr. Perkins presents a single issue on appeal:

Whether the district court abused its discretion when, during sentencing, and as a condition of probation, it ordered that Mr. Perkins have no contact with his minor children.

FACTS

[¶ 3] Beginning in 2004, Perkins assaulted and sexually abused A.H., his minor girlfriend. In October of 2004 Perkins and another man, D.B., repeatedly punched and kicked A.H. while she was pregnant, hoping to cause a miscarriage. When A.H. cried, Perkins told her to " shut up or it is going to be worse," and that she would be of no use to him while pregnant.

[¶ 4] In 2004 and 2005 Perkins " sold" A.H. to D.B. for sex on two occasions. Though A.H. expressed she did not want to do these things, her fear of Perkins forced her to comply with the sexual exploitation. Additionally, between October and December of 2005, Perkins and D.B. forced A.H. to have sexual contact with the wife of D.B.

[¶ 5] Perkins also abused his and A.H.'s child, S.P. Between 2008 and 2011 Perkins touched S.P.'s genitals and breasts with his hands and private parts. During those years, on several occasions Perkins forced S.P. to touch and rub his genitals, engage in oral sex, and have sex with him. In May of 2011 A.H. went to the Big Horn County authorities and they subsequently arrested Perkins.

[¶ 6] In 2011 and 2012 the State charged Perkins with one count of aggravated assault and battery on a pregnant woman, in violation of Wyo. Stat. Ann. § 6-2-502(a)(iv); two counts of promoting prostitution, in violation of Wyo. Stat. Ann. § 6-4-103(a)(i); three counts of sexual exploitation of a child, in violation of Wyo. Stat. Ann. § 6-4-303(b)(ii); and one count of conspiracy to commit sexual assault in the first degree, in violation of Wyo. Stat. Ann. §§ 6-1-303(a) and 6-2-302(a)(i). The court sealed the file to protect the identities of the victims, all of whom were minors.

[¶ 7] After a series of preliminary motions, Perkins reached a plea agreement with the State and entered an Alford guilty plea on two counts of promoting prostitution, conspiracy to commit sexual assault in the first degree, and aggravated assault and battery on a pregnant woman. On October 30, 2012, the court entered a written Judgment Upon Plea of Guilty. Sentencing in this case was conducted on ...


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