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Harris v. State

Supreme Court of Wyoming

March 27, 2015

ZEBADIAH WILLIAM HARRIS, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Natrona County. The Honorable W. Thomas Sullins, Judge.

Representing Appellant: Zebediah Harris, Pro se.

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

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

OPINION

HILL, Justice.

[¶1] Zebediah William Harris was charged with one count of aggravated assault and battery under Wyo. Stat. Ann. § 6-2-502(a)(i). The State also alleged that Mr. Harris was a habitual criminal. The parties reached a plea agreement and the district court imposed a sentence of twelve to sixteen years in the Wyoming State Penitentiary.

[¶2] Mr. Harris filed a pro se motion to correct illegal sentence, alleging that the habitual criminal statute is designed for those who demonstrate a pattern of violent conduct. Mr. Harris argued that the State did not prove a pattern of violent conduct and that a jury must determine whether the pattern of violent conduct was proven. The motion was denied. We will affirm.

ISSUE

[¶3] We will rephrase Mr. Harris' single issue as follows:

1. Did the district court abuse its discretion when it denied Mr. Harris' motion to correct an illegal sentence?

Page 945

FACTS

[¶4] In 2010 Zebediah Harris was charged with one count of aggravated assault and battery. Under Wyo. Stat. Ann. § 6-10-201(a)(ii) and (b)(i), Mr. Harris was charged as a habitual offender as ...


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