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Smiley v. State

Supreme Court of Wyoming

May 15, 2018

SONYA SUE SMILEY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

          Appeal from the District Court of Natrona County The Honorable Catherine E. Wilking, Judge

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

          Representing Appellee: Peter K. Michael, Wyoming Attorney General; Christyne Martens, Deputy Attorney General; Caitlin F. Harper, Senior Assistant Attorney General; Benjamin Fischer, Assistant Attorney General.

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

          DAVIS, Justice.

         [¶1] Sonya Smiley appeals from the judgment and sentence entered after her guilty plea to one count of being an accessory to the second-degree sexual abuse of a minor and one count of third-degree sexual abuse of a second minor. She contests only a restitution award of $17, 515.20 to Wyoming Medicaid for its expenditures on behalf of the second victim. We affirm.

         ISSUES

         [¶2] Smiley challenges the restitution on two bases:[1]

1. The amount awarded was not supported by sufficient evidence.
2. The district court otherwise abused its discretion in making that award because Smiley lacked the financial resources to pay it.

         FACTS

         [¶3] Between January 1, 2015 and May 8, 2016, two teen girls fell under the sway of Smiley and her husband. The couple offered to take care of fifteen-year-old AM after school and on weekends, purportedly to assist her busy single mother. They initially treated her well, buying her gifts and taking her to social events, and they eventually had her stay at their home for extended periods of time. Sometimes AM was accompanied by her fourteen-year-old friend AH, and the two teens would spend the night at the Smiley home.

         [¶4] After several months, Smiley and her husband began to suggest to AM that, because they had done so many nice things for her, she should return the favor. Thus began a series of overtly sexual activities with the child, which need not be described in detail here. The Smileys also involved AH in some of these activities and frequently photographed the girls while they modeled lingerie and bathing suits for them. Ultimately, they induced AM to perform oral sex on Smiley's husband.

         [¶5] In late December of 2016, the Natrona County District Attorney charged Smiley with six felonies, four related to the sexual abuse of AM and two related to the sexual abuse of AH. She waived a preliminary hearing in the circuit court and was arraigned in district court on February 9, 2017. Smiley sought to change her previously entered not guilty pleas on March 29, with an April 10, 2017 trial pending. ...


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