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.
[¶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.
[¶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?
[¶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 ...