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Hawes v. State

Supreme Court of Wyoming

March 4, 2016

GREGORY MICHAEL HAWES, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

Appeal from the District Court of Campbell County The Honorable John R. Perry, Judge

Representing Appellant: Pro se.

Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Christyne M. Martens, Senior Assistant Attorney General.

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

BURKE, CHIEF JUSTICE.

[¶1] Gregory Michael Hawes challenges the district court's denial of his two motions to correct an illegal sentence, and the denial of his motion to have counsel appointed to represent him in this appeal. We affirm.

ISSUES

[¶2] Mr. Hawes presents various arguments as separate issues, but there are two key questions to be answered in this appeal:

1. Did the district court err in denying Mr. Hawes' motions to correct an illegal sentence?
2. Did the district court err in denying Mr. Hawes' motion for appointment of counsel to represent him in this appeal?

FACTS

[¶3] Mr. Hawes was convicted of kidnapping in violation of Wyo. Stat. Ann. § 6-2-201(a)(ii), (a)(iii), and (d) (LexisNexis 2013) and felony stalking in violation of Wyo. Stat. Ann. § 6-2-506(b) and (e)(iii). He appealed, and we reversed the stalking conviction but affirmed the kidnapping conviction. Hawes v. State, 2014 WY 127, ¶ 20, 335 P.3d 1073, 1079 (Wyo. 2014) ("Hawes I"). We remanded the case to the district court. Based upon our decision, the district court entered an amended judgment specifying that Mr. Hawes was "NOT GUILTY and is acquitted of . . . Felony Stalking, " but reconfirming that Mr. Hawes was guilty of kidnapping.

[¶4] The district court also amended the sentencing order. In the original order, the district court sentenced Mr. Hawes to five to nine years in prison for the stalking charge. As part of the sentence for the stalking charge, the district court assessed $10.00 for the Judicial Systems Automation fee and $10.00 for the Indigent Civil Legal Services fee as required by Wyo. Stat. Ann. § 6-10-102, a $150.00 surcharge for crime victims under Wyo. Stat. Ann. § 1-40-119, $75.00 for a substance abuse evaluation, and $1, 000.00 to the Wyoming Public Defender under Wyo. Stat. Ann. § 7-6-106(c). In the amended sentence, the district court deleted the prison sentence and the $150.00 victim of crime surcharge for the stalking conviction, and incorporated the remaining fees into the sentence for the kidnapping conviction.

[ΒΆ5] Subsequently, Mr. Hawes filed a motion to correct an illegal sentence, claiming that the amended kidnapping sentence improperly increased his punishment for that crime. He further asserted that the public defender who had represented him at trial improperly approved the amended sentence. Mr. Hawes also filed a second motion to correct an illegal sentence based on a ...


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