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Chapman v. State

Supreme Court of Wyoming

February 2, 2015

JOHN LESLIE CHAPMAN, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Page 389

Appeal from the District Court of Sweetwater County. The Honorable Nena James, Judge.

Representing Appellant: John Leslie Chapman, Pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General.

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

OPINION

Page 390

FOX, Justice.

[¶1] John Chapman[1] entered a guilty plea to attempted second-degree murder and was sentenced to not less than twenty-five years nor more than fifty years incarceration, in accordance with the statutory sentencing range for the crime. The district court denied his motion to withdraw his plea, he appealed, and the denial was affirmed. Chapman v. State, 2013 WY 57, ¶ ¶ 3-4, 6, 300 P.3d 864, 866-67 (Wyo. 2013) ( Chapman 1 ). Mr. Chapman then filed a motion to reduce his sentence under Wyoming Rule of Criminal Procedure 35(b), which the district court denied. Mr. Chapman appeals and we affirm.

ISSUES

[¶2] 1. Did the district court abuse its discretion when it denied Mr. Chapman's motion for sentence reduction?

2. Is Mr. Chapman's sentence cruel and unusual under the Eighth Amendment to the United States Constitution?

FACTS

[¶3] The underlying facts of Mr. Chapman's attempted second-degree murder conviction are unnecessary for the disposition of this appeal, but can be found in Chapman 1, 2013 WY 57, ¶ ¶ 6-7, 300 P.3d at 866-67.

[¶4] The State originally charged Mr. Chapman with attempted first-degree murder, conspiracy to commit first-degree murder, and aggravated assault and battery; it also sought a sentencing enhancement under the habitual criminal statute. Id. at ¶ 6, 300 P.3d at 866. Pursuant to a plea agreement, the State amended the Information to one count of attempted second-degree murder, and dismissed the remaining charges and the habitual criminal enhancement. Id. at ¶ 18, 300 P.3d at 868. The State and Mr. Chapman agreed to a sentencing recommendation of twenty-five to fifty years on ...


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