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Shafer v. State

Supreme Court of Wyoming

March 9, 2015

BOBBIE J. SHAFER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Carbon County. The Honorable Wade E. Waldrip, Judge.

Representing Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel.

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

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

OPINION

Page 285

KITE, Justice.

[¶1] Bobbie J. Shafer entered a guilty plea to one count of welfare fraud. The district court entered a judgment and sentence, requiring Ms. Shafer to make restitution in the amount of $90,722.79. She appeals, asserting the district court abused its discretion in ordering her to pay that amount. We find no abuse of discretion and affirm.

ISSUE

[¶2] The issue for our determination is whether the district court abused its discretion when it ordered Ms. Shafer to make restitution in the amount of $90,722.79.

FACTS

[¶3] By information filed in July 2013, the Carbon County Attorney's Office charged Ms. Shafer with three counts of welfare fraud in violation of Wyo. Stat. Ann. § 42-2-112 (LexisNexis 2013). The first count alleged that she violated subsection (a) of the statute by knowingly making a false statement, misrepresentation or failing to disclose a material fact when obtaining food stamps. The second and third counts alleged she violated subsection (h) of § 42-2-112 by committing the above acts when obtaining child care assistance and Medicaid respectively. The facts giving rise to the charges were that Ms. Shafer falsely reported to the Wyoming Department of Family Services (DFS) that she was living with her mother when she applied for assistance when in fact she was living with the father of her two children, making her and her children ineligible for benefits.

[¶4] The parties entered into a plea agreement pursuant to which Ms. Shafer agreed to plead guilty to the third count involving Medicaid and the State agreed to dismiss the other counts. The parties further agreed that Ms. Shafer be sentenced to serve three to eight years in prison, with the sentence to be suspended in favor of ten years probation if the pre-sentence investigation recommended probation. As it pertains

Page 286

to this appeal, Ms. Shafer also agreed to make restitution in the amount of $90,722.79, the total amount of benefits she obtained for food stamps, child care assistance and Medicaid. At the change of plea hearing, the parties informed the district court they had agreed Ms. Shafer could make ...


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