from the District Court of Sweetwater County. The Honorable
Nena James, Judge.
Appellant: Office of the State Public Defender: Diane Lozano,
State Public Defender; Tina N. Olson, Chief Appellate
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
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
[¶1] Appellant Clarissa Hart challenges a
district court order denying her motion for sentence
reduction. We affirm.
[¶2] Did the district court abuse its
discretion by denying Appellant's motion for sentence
[¶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.
[¶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