Original Proceeding. Petition for Writ of Review District Court of Teton County. The Honorable Timothy C. Day, Judge.
For Petitioner: Robert E. Schroth, Sr. of Schroth & Schroth, LLC, Jackson, Wyoming.
For Respondent: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jennifer E. Zissou, Assistant Attorney General. Argument by Ms. Zissou.
Before KITE, C.J., and HILL, BURKE, DAVIS, and FOX, JJ.
[¶1] Gregory Matthews challenges the district court order affirming his circuit court conviction for interference with a peace officer. Mr. Matthews entered into a conditional plea agreement, pursuant to which a charge of driving under the influence against him was dropped, and he pled guilty to the interference charge, reserving the right to appeal three issues. The district court affirmed the circuit court's rulings on those three issues, and Mr. Matthews filed a petition for writ of review, which was granted by this Court. We reverse and remand.
[¶2] The parties raise several issues. We will address only one issue that was not addressed by either party, because it is dispositive: Did Mr. Matthews enter a proper conditional guilty plea pursuant to W.R.Cr.P. 11 (a)(2)?
[¶3] Jackson police officers responded to a
call about a fight at The Wort Hotel in Jackson, Wyoming, on November 20, 2011.
When they arrived, they were told that one of the participants in the fight was
staying at the Cache Creek Motel. Officer Cunningham went to the motel and was
directed to Mr. Matthews' room. Officer Ayling arrived shortly thereafter. After
some questioning, the officers were unable to find probable cause to arrest Mr.
Matthews on charges
related to the fight at The Wort Hotel. However, the officers
believed that Mr. Matthews had driven to his motel from The Wort Hotel while
intoxicated, so they arrested him for driving while under the influence. When
the officers gave Mr. Matthews the implied consent advisement required by Wyo.
Stat. Ann. § 31-6-102(a)(ii) (LexisNexis 2013), he refused to submit to a
[¶4] Officer Ayling obtained a warrant and went to the jail cell where Mr. Matthews was being detained to request that Mr. Matthews comply with the warrant. Mr. Matthews said " no."
[¶5] As a result of his refusal, Mr. Matthews was charged with interference with a peace officer pursuant to Wyo. Stat. Ann. § ...