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Nordwall v. State

Supreme Court of Wyoming

November 13, 2015

JAMES JOE NORDWALL, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Sweetwater County. The Honorable Richard L. Lavery, Judge.

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

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Van E. Snow, Assistant Attorney General. Argument by Mr. Snow.

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

OPINION

Page 837

BURKE, Chief Justice.

[¶1] Appellant, James Joe Nordwall, challenges his convictions of four counts of first-degree rape in violation of Wyo. Stat. Ann. § 6-63 (1957) and three counts of first-degree sexual assault in violation of Wyo. Stat. Ann. § 6-2-302(a)(i). He contends he was denied his constitutional right to a speedy trial and that the State violated the terms of a 1994 plea agreement. We affirm.

ISSUES

[¶2] Appellant presents the following issues:

1. Did the trial court violate Mr. Nordwall's constitutional right to a speedy trial?
2. Did the prosecution violate the 1994 plea agreement when it did not dismiss the charges in the present case?

FACTS

[¶3] In 1994, Appellant was charged with four counts of first-degree sexual assault and one count of aggravated assault and battery

Page 838

after he kidnapped and repeatedly assaulted PW. Appellant entered a plea pursuant to a plea agreement with the State. Under the terms of the agreement, the State agreed to dismiss all but one of the counts, reduce the remaining count to second-degree sexual assault, and recommend that Appellant serve a prison term of three to ...


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