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
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.
BURKE, C.J., and HILL, [*] DAVIS, FOX, and KAUTZ, JJ.
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
Smiley challenges the restitution on two bases:
1. The amount awarded was not supported by sufficient
2. The district court otherwise abused its discretion in
making that award because Smiley lacked the financial
resources to pay it.
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.
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
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. ...