from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge
Representing Appellant: Diane Lozano, Wyoming State Public
Defender; Kirk A. Morgan, Chief Appellate Counsel; Desiree
Wilson, Senior Assistant Appellate Counsel.
Representing Appellee: Bridget L. Hill, Wyoming Attorney
General; Jenny L. Craig, Deputy Attorney General; Christyne
M. Martens, Senior Assistant Attorney General; Samuel
Williams, Assistant Attorney General.
FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ., and DEEGAN, D.J.
Michael Angelo Sena, Jr. appeals the district court's
order revoking his probation in Docket 33-549 and imposing
sentence. Mr. Sena contends that the court did not have
authority to revoke his probation because the probation
violation did not "occur during the probationary
period," as required by Wyoming Statute §
7-13-305(c). He also contends that, even if the court had
authority to revoke his probation, it abused its discretion
because there was no evidence to support a finding that he
violated the probation condition willfully. We affirm.
Mr. Sena raises two issues, which we rephrase as:
1.Did the district court have authority to revoke Mr.
2. If the district court had authority, did the court abuse
its discretion when it revoked Mr. Sena's probation?
Mr. Sena's probation revocation proceedings in Docket
33-549 are closely related to his probation revocation
proceedings in Docket 32-612. The same district court judge
presided over both cases and held several combined hearings
as the cases became increasingly intertwined. Consequently,
we discuss facts pertaining to both cases, beginning with
In June 2015, the State charged Mr. Sena in Docket 32-612
with failing to report a change of address to law enforcement
within three days, in violation of Wyoming's sex offender
registration statutes. Mr. Sena reached a plea agreement with
the State and pled guilty to that offense. The court
sentenced him to three to five years, suspended execution of
the sentence, and placed him on probation for three years.
Nearly two years later, at the end of March 2017, the State
filed a petition to revoke Mr. Sena's probation because,
as of March 23, he "ha[d] not made any payments on his
restitution"; "ha[d] not returned any calls from
[his Probation and Parole Agent] and had a no call/no show
for his office visit"; his whereabouts were unknown; and
he had not completed "his UA call in's
Two days after the State filed the petition, the State
charged Mr. Sena in Docket 33-549 with failing to report a
change of address to law enforcement, subsequent offense, in
violation of Wyoming's sex offender registration
statutes. Mr. Sena reached a plea agreement with the State in
which he agreed to plead no contest to the charge and admit
to violating his probation in Docket 32-612.
Approximately one year later, in May 2018, the court held a
combined probation revocation and sentencing hearing. In
Docket 32-612, the court revoked Mr. Sena's probation and
reinstated the three-year probation term. In Docket 33-549,
the court sentenced Mr. Sena to three to five years,
suspended in favor of three years of probation, to "run
consecutive to the probationary sentence set forth in
The following month, the State filed a petition to revoke Mr.
Sena's probation in both cases based on his conduct
between June 13 and 15. In Docket 32-612, the State alleged
that Mr. Sena committed three probation violations:
1. On or about June 15, 2018 said Defendant admitted to
consuming alcohol on this date as well as consuming alcohol
on June 14, 2018.
. . . .
2. On or about June 13, 2018 said Defendant provided a
positive [Blood Alcohol Content] sample of .103%. Said
Defendant left the Cheyenne Field Office after providing this
sample and being instructed not to leave the office.
. . . .
3.Said Defendant reported false employment to his probation