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.

Poignee v. State

Supreme Court of Wyoming

April 6, 2016

BRITTANY LEANNE POIGNEE, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

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

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

         For Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne Martens, Senior Assistant Attorney General; Joshua C. Eames, Assistant Attorney General.

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

          OPINION

          KAUTZ, Justice.

          [¶1] Brittany Leanne Poignee appeals the district court's order revoking her probation. She does not question the district court's actions at the time of her revocation, but claims she was denied the assistance of counsel when her probation was extended more than a year earlier. We conclude Ms. Poignee's challenge to the probation extension order is barred because she did not appeal it. Consequently, we affirm.

         ISSUES

          [¶2] Ms. Poignee presents the following issue on appeal:

Did the trial court err in revoking [Ms. Poignee's] probation[] when [she] had not had the benefit of counsel at the time her probationary term was extended and her subsequent violation of probation occurred during the extended, not original, term of probation?

         The State raises an additional issue, which we rephrase as:

Page 517

          Is Ms. Poignee's challenge to the extension of her probation barred because she did not appeal the order extending her probation?

         FACTS

          [¶3] In 2008, the State charged Ms. Poignee with one count of delivery of methamphetamine, in violation of Wyo. Stat. Ann. § 35-7-1031(a)(i) (LexisNexis 2015). The charged crime was a felony and carried maximum penalties of twenty years in prison and/or a fine of $25,000. Id. She entered a plea of no contest to the charge on February 24, 2009, but the proceedings were deferred pursuant to ...


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.