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Marshall v. State

Supreme Court of Wyoming

December 23, 2014

ROBERT OWEN MARSHALL, III, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Page 284

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.

OPINION

Page 285

KITE, Justice.

[¶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.

ISSUE

[¶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 ...


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