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Miller v. State

Supreme Court of Wyoming

May 15, 2015

WILLIAM COSSEY MILLER, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

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

For Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel.

For 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 743

KITE, Justice.

[¶1] William Cossey Miller claims the district court erred by revoking his probation because there was no showing that his violations of the probation conditions were willful. We conclude the record supports the district court's decision and affirm.

ISSUE

[¶2] Mr. Miller states the issue on appeal as:

Did the court commit reversible error by failing to make a finding of willful violation

Page 744

of probation and by abusing its discretion in basing a probation revocation on events beyond the control of a probationer?

The State presents a similar issue, although it is phrased in more detail.

FACTS

[¶3] Mr. Miller pleaded guilty to one count of second degree sexual abuse of a minor in violation of Wyo. Stat. Ann. § 6-2-315(a)(i) (LexisNexis 2013).[1] On February 14, 2014, the district court sentenced him to five to ten years of incarceration, but suspended the sentence and ordered him to serve six years on supervised probation. The terms of his probation included:

a. That said Defendant will remain law abiding, live a worthy respectable life and have no violations of any Federal, State or local laws . . . .
b. That said Defendant shall read, sign and abide by all the terms and conditions of the Wyoming Department of Corrections, Probation and Parole Agreement and cooperate with Probation Agents in all respects. . . .
h. That said Defendant is not to cancel any appointments relating to supervision without prior permission of Probation Agent. Appointments are to include, but are not limited to, office meetings, counseling appointments, doctor appointments and appointments with job services.
i. That said Defendant not move, change address or quit employment without the prior permission of Probation Agent and keep Agent advised of whereabouts at all times.
j. That said Defendant shall gain and maintain a telephone. . . .
x. That said Defendant submit to a sexual offender evaluation by an accredited sexual offender counseling provider approved by Probation Agent within sixty (60) days of his sentencing and shall complete any subsequently recommended sexual offender counseling at his own expense.
y. That said Defendant submit to and participate in polygraph examinations and penile plethysmographs [PPG] at his own expense at the discretion of the supervising Probation ...

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