AVENTURA H. PALOMO, JR., Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge.
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Tina N. Olson, Chief
Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Deputy Attorney General; James M.
Causey, Senior Assistant Attorney General; Sam Williams,
Assistant Attorney General.
BURKE, C.J., and HILL [*] , DAVIS, FOX, and KAUTZ, JJ.
Appellant, Aventura H. Palomo, Jr., challenges the district
court's decision denying motions to continue his trial.
We conclude that the district court did not abuse its
discretion when it denied the motions. Appellant also claims
that his written sentence is illegal. While we conclude that
the sentence is not illegal, the written sentence is
inconsistent with the oral sentence, and we remand for
correction of the sentence.
Appellant presents two issues:
1. Did the district court abuse its discretion when it denied
Appellant's motions to continue the trial to allow his
newly-retained counsel additional time to prepare?
2. Is Appellant's sentence illegal because the written
judgment and sentence is contrary to an unambiguous oral
pronouncement at the sentencing hearing?
In the early morning hours of September 29, 2015, Officer
Lisa Koeppel of the Cheyenne Police Department responded to a
call from dispatch concerning a fight between Appellant and
his brother. When she arrived, the two men ran. She ordered
them to stop, then gave chase. Appellant attempted to enter
his residence, but she stopped him from doing so. He then
turned toward her, grabbed her ballistic vest, and shook her.
She used a "remote door popper" to release her
canine partner from the police vehicle. The canine approached
the porch, barked, then bit and held Appellant's brother.
Officer Koeppel pushed herself away from Appellant and
attempted to get the canine to release the brother. As she
did so, Appellant began kicking the dog in the ribs and
Officer Koeppel ordered Appellant to stop kicking the canine.
When he continued to kick, she rushed Appellant and knocked
him back onto the porch. The two tumbled off the porch and
onto the ground, where she landed on her back and Appellant
landed on top of her. He began punching her in the head and
face. She called for help. The dog released the brother and
helped separate Officer Koeppel from Appellant. She was then
able to restrain Appellant just as two other police officers
arrived. After Appellant was arrested, Officer Koeppel went
to the hospital for treatment.
Appellant was charged with one felony count of interference
with a peace officer for inflicting bodily injury on Officer
Koeppel, one misdemeanor count of interference with a peace
officer for resisting arrest, and one misdemeanor count of
cruelty to animals. He was arraigned on November 5, 2015, and
entered not guilty pleas to all of the charges. Trial was
originally scheduled for February 16, 2016. On January 21,
2016, Appellant filed a motion to continue the trial. The
sole stated basis for the motion was that the "State and
the Defendant need more time to address issues within the
case." The district court granted the motion and set a
new trial date of March 14, 2016. On February 18, 2016,
Appellant filed a second motion to continue the trial, citing
the same reason as before. The district court granted the
motion and set a new trial date of April 18, 2016. ...