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Allaback v. State

Supreme Court of Wyoming

February 24, 2014

Ronald D. ALLABACK, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Respondent).

Page 828

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General.

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

KITE, Chief Justice.

[¶ 1] Ronald D. Allaback pleaded guilty to three counts of identity theft in violation of Wyo. Stat. Ann. § 6-3-901(a)(c)(ii) (LexisNexis 2013). The district court imposed a sentence of incarceration which it suspended in favor of eight years probation. The district court subsequently revoked and reinstated Mr. Allaback's probation three different times. When the State filed a fourth petition to revoke, the district court granted the petition and imposed the underlying sentence of five to nine years incarceration.

[¶ 2] Mr. Allaback did not timely appeal from the order revoking probation and imposing sentence. After he filed a petition for writ of certiorari asking this Court to restore his appeal, we remanded to the district court for a hearing on the issue of whether defense counsel was ineffective. The district court held counsel was ineffective in failing to follow Mr. Allaback's instruction to file an appeal. Based on tat ruling, this Court restored the appeal from the probation revocation. We now affirm the order revoking probation.

ISSUE

[¶ 3] Mr. Allaback presents the following issue for this Court's determination:

Did the trial court abuse its discretion by revoking his probation, considering that he did not receive proper notice of the charges against him and that he had previously been sanctioned for two of the violations?

FACTS

[¶ 4] In 2004, Mr. Allaback pled guilty to three counts of felony identity theft. The district court imposed concurrent sentences of six to nine years and ordered the sentences

Page 829

to be served consecutively to a sentence Mr. Allaback had received in another case. The district court then suspended the prison sentences in favor of eight years of supervised probation to begin after Mr. Allaback's release from the sentence in the other case.

[¶ 5] In 2008 and 2009, the State filed three petitions to revoke Mr. Allaback's probation. Each time the district court revoked and reinstated probation. The third time, the district court also ordered Mr. ...


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