Appeal from the District Court of Natrona County. The Honorable Daniel L. Forgey, Judge.
For Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.
For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; James Kaste, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Caleb C. Wilkins, Student Intern.
Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.
[¶1] Robert Owen Marshall, III pleaded guilty to a third or subsequent offense of possession of a controlled substance, which is a felony, and misdemeanor driving while under the influence. On appeal, he claims the district court erred by ordering him to receive and pay for a substance abuse assessment and by relying on the assessment at sentencing to determine he was a qualified offender and recommend he receive substance abuse treatment while incarcerated.
[¶2] We affirm.
[¶3] We restate Mr. Marshall's appellate issue as:
Did the district court act in excess of its statutory authority when it ordered Mr. Marshall to undergo and pay for a substance abuse assessment and then used the results to determine that he was a " qualified offender" and in need of substance abuse treatment?
The State presents a ...