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Hall v. State

Supreme Court of Wyoming

August 8, 2018

WILLIAM KENNETH HALL, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

          Appeal from the District Court of Natrona County The Honorable W. Thomas Sullins, Judge

          Representing Appellant: William Kenneth Hall, Pro se

          Representing Appellee: Peter K. Michael, Wyoming Attorney General; Christyne M. Martens, Deputy Attorney General; Caitlin F. Harper, Senior Assistant Attorney General; Margaret A. R. Schwartz, Assistant Attorney General

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

          DAVIS, CHIEF JUSTICE.

         [¶1] William Kenneth Hall was charged with fourteen felonies involving child sexual abuse and pled guilty to five of them. The district court accepted Mr. Hall's plea and the agreed-upon sentencing recommendation, and it sentenced him to an aggregate term of forty-five to fifty years in prison. Mr. Hall now appeals the court's denial of his W.R.Cr.P. 35(b) motion for sentence reduction. We affirm.

         ISSUE

         [¶2] Did the district court abuse its discretion in denying Mr. Hall's motion for sentence reduction?

         FACTS

         [¶3] In 2015, the State charged Mr. Hall with fourteen felonies, all relating to his sexual abuse of four children: four counts of second degree sexual abuse of a minor; one count of possession of child pornography; one count of causing, inducing, enticing, coercing, or permitting a child to engage in child pornography; four counts of felony taking immodest, immoral or indecent liberties with a child; and four counts of third degree sexual assault of a minor. Pursuant to a plea agreement, Mr. Hall pled guilty to five counts: two counts of sexual abuse of a minor in the second degree; one count of immodest, immoral or indecent liberties with a minor; and two counts of third degree sexual assault.

         [¶4] The district court accepted Mr. Hall's plea and the sentence to which the parties agreed. On June 13, 2016, the court entered its judgment and sentenced Mr. Hall to eighteen to twenty years on each count of second degree sexual abuse of a minor and nine to ten years on the indecent liberties count, all to be served consecutively. On the two remaining counts of third degree sexual assault, the court sentenced Mr. Hall to a term of nine to ten years on one of the counts, to be served concurrent to the other sentences, and five to ten years on the other count, to be served consecutive to the other sentences but suspended in favor of ten years of supervised probation.

         [¶5] On June 28, 2016, Mr. Hall filed a notice of appeal to this Court. On November 30, 2016, we summarily affirmed Mr. Hall's conviction after his counsel filed an Anders brief, and Mr. Hall failed to timely file a brief in support of his appeal. Hall v. State, 2016 WY 115, 384 P.3d 282 (Wyo. 2016).

         [¶6] On October 26, 2017, Mr. Hall filed a pro se motion for sentence reduction. He asked that his aggregate sentence be reduced by either making his consecutive sentences concurrent or by cutting the length of the consecutive sentences in half. In support of his motion he cited his good behavior in prison and attached a letter from his mother and a certificate of completion of a victim impact course.

         [¶7] On October 30, 2017, the district court issued an order denying the motion for sentence reduction. The court indicated that it had reviewed Mr. Hall's motion and attachments, and the record, and ruled that "no sufficient showing has been made pursuant to Rule 35 of the Wyoming Rules of Criminal Procedure to justify or require a modification or reduction of the Defendant's ...


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