Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hart v. State

Supreme Court of Wyoming

March 2, 2016

CLARISSA DAWN HART, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

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

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

         Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne Martens, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Bradford H. Coates, Student Director, and Macrina M. Sharpe, Student Intern, of the Prosecution Assistance Program.

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

          OPINION

          DAVIS, Justice.

          [¶1] Appellant Clarissa Hart challenges a district court order denying her motion for sentence reduction. We affirm.

Page 878

         ISSUE

          [¶2] Did the district court abuse its discretion by denying Appellant's motion for sentence reduction?

         FACTS

          [¶3] The underlying facts of the offense are not particularly material to the issue before us. Suffice it to say that Appellant pled guilty to felony shoplifting. Her plea was held in abeyance and she received a deferral pursuant to Wyo. Stat. Ann. § 7-13-301. She was placed on supervised probation for four years. If she had successfully completed this period of probation, she would have been discharged without a felony conviction.

          [¶4] However, three years later the State filed a petition to revoke Appellant's probation. It alleged that she violated the conditions of that probation on two separate occasions. She was convicted in Utah of driving under the influence of drugs and of being in possession of synthetic narcotics. She also possessed or used alcohol and marijuana while back in Wyoming. Based upon the petition, a bench warrant was issued, and Appellant was arrested.

          [¶5] At the probation revocation hearing, Appellant appeared pro se and admitted to the allegations of the petition. The district court entered the guilty plea that was held in abeyance under § 7-13-301. Appellant was sentenced to not less than four nor more than six years in the Wyoming Women's Center.[1]

          [¶6] Appellant subsequently filed a motion for sentence reduction pursuant to W.R.Cr.P. 35(b). In support of it, she asserted that she completed substance abuse treatment, earned her G.E.D., and participated in numerous other rehabilitation programs. The district court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.