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Alford v. State

Supreme Court of Wyoming

September 13, 2017

RICHARD HALLIE ALFORD, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

         Appeal from the District Court of Sheridan County The Honorable William J. Edelman, Judge.

          Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and Kirk A. Morgan, Senior Assistant Appellate Counsel.

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

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

          HILL, Justice.

         [¶1] Richard Alford appeals a district court order denying his motion for a sentence reduction. We affirm.

         ISSUE

         [¶2] Mr. Alford presents a single issue on appeal:

         I. The trial court abused its discretion when it denied Mr. Alford's Motion for Sentence Reduction.

         FACTS

         [¶3] In the early morning hours of October 18, 2014, Mr. Alford broke into the home of Robin Monasmith and entered her bedroom. Ms. Monasmith woke to find Mr. Alford pulling the covers off her and telling her to be quiet. Ms. Monasmith jumped out of bed and made for the door, but Mr. Alford grabbed her by her hair and threw her to the floor. He then tried to pull her pajama pants down. Ms. Monasmith screamed and kicked at Mr. Alford and he then pulled up her shirt and bit her on her right side. Ms. Monasmith felt like she had been stabbed and cried out. Mr. Alford then got off her and left the house, stating, "I will be back for you, bitch." Ms. Monasmith called law enforcement, and Mr. Alford was arrested a block from her home. Ms. Monasmith identified Mr. Alford as her attacker.

         [¶4] The State charged Mr. Alford with one count of attempted third degree sexual assault and two counts of aggravated burglary. The State and Mr. Alford subsequently entered into a plea agreement by which Mr. Alford agreed to plead no contest to attempted third degree sexual assault and the State agreed to dismiss the aggravated burglary counts and recommend a prison sentence of six to ten years. On April 23, 2015, Mr. Alford entered his no contest plea, and the district court accepted that plea. On June 25, 2015, the district court held a sentencing hearing and imposed the agreed upon prison sentence of six to ten years.

         [¶5] On June 16, 2016, Mr. Alford filed a pro se motion for sentence reduction pursuant to W.R.Cr.P. 35(b). Through his motion, Mr. Alford informed the district court that his time in prison had been violation free and he had been continuously employed, and he asked the court to reduce the minimum term of his sentence to four years so he could enter treatment at the earliest possible opportunity. Mr. Alford did not specify the type of treatment he sought to enter.

         [¶6] On January 9, 2017, the district court entered an order denying Mr. ...


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