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
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.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Richard Alford appeals a district court order denying his
motion for a sentence reduction. We affirm.
Mr. Alford presents a single issue on appeal:
trial court abused its discretion when it denied Mr.
Alford's Motion for Sentence Reduction.
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.
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.
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.
On January 9, 2017, the district court entered an order
denying Mr. ...