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Croy v. State

Supreme Court of Wyoming

September 8, 2014

DAVID CHARLES CROY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Laramie County. The Honorable Peter G. Arnold, Judge.

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. Argument by Mr. Morgan.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Prosecution Assistance Program; David E. Singleton, Student Director; and Anthony A. Millette, Student Intern. Argument by Mr. Millette.

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

OPINION

Page 565

HILL, Justice.

[¶1] David Croy pled no contest to one count of interference with a police officer. Under the plea agreement, the State was to recommend a sentence of not less than three years nor more than five years of incarceration. In return, the State would request the court to suspend Croy's sentence and place him on probation for five years. However, the district court did not follow this recommendation and instead sentenced Croy to three to six years in prison. On appeal, Croy contends that the district court abused its discretion in sentencing. Affirmed.

ISSUE

[¶2] Croy presents one issue:

Whether the district court abused its discretion in sentencing Croy to three to six years in prison so as to prevent Croy from driving while intoxicated in the future.

FACTS

[¶3] On September 21, 2012, Cheyenne police responded to an incident involving David Croy. Law enforcement suspected Croy to be intoxicated after smelling the odor of alcohol and noticing that Croy seemed confused. Medical responders arrived to evaluate Croy who was initially cooperative. Croy then became agitated and flailed his right arm. In concern for the safety of the medical personnel, one of the police officers grabbed Croy's arm at which point Croy bit the police officer's hand. Swelling and visible teeth marks resulted from the bite. Croy was charged with one count of felony interference with a peace officer under Wyo. Stat. Ann. § 6-5-204(b).

Page 566

[¶4] On November 13, 2012, in exchange for the State agreeing to recommend probation as well as dismissing a different pending case, Croy pled no contest to the interference charge. On Croy's motion to modify bond, Croy was released on his own recognizance and allowed to travel to Oregon to visit his ailing mother. The court scheduled sentencing for March 4, 2013, but it was delayed three times because Croy filed two continuances and failed to appear another time. Eventually, sentencing took place on September 16, 2013. At sentencing, the court was to address both a motion of revocation and sentencing, but the State chose not to pursue revocation. The State stood by their original plea agreement at the sentencing hearing and recommended a three to five year ...


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