Cavanagh v. State, 4143

Decision Date24 January 1973
Docket NumberNo. 4143,4143
Citation505 P.2d 311
PartiesWilliam Alfred CAVANAGH, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).
CourtWyoming Supreme Court

Franklin J. Smith, of Pattno & Smith, Cheyenne, for appellant.

Clarence A. Brimmer, Atty. Gen., Bert T. Ahlstrom, Jr., Asst. Atty. Gen., Cheyenne, for appellee.

Before PARKER, C. J., and McEWAN, GUTHRIE, and McINTYRE, JJ.


William A. Cavanagh, Safety Engineer for the Wyoming Occupational Health and Safety Commission, charged with the crime of obtaining $127.94 from the State of Wyoming by false pretenses with intent to cheat and defraud, 1 on arraignment, March 31, 1972, where he was accompanied by his counsel and advised by the court of his rights, pleaded guilty to the charge. The court after some questioning of defendant advised him that the plea was received and the matter would be referred to the probation department for presentence investigation and report. Defendant was released on bond to be returned later for the pronouncement of sentence. On June 12, 1972, he was brought before the court for sentence, fined in the sum of $500, ordered to restore the $127.94 to the State, and sentenced to the penitentiary for twenty-one to twenty-four months.

Defendant's appeal, requesting that this court modify his sentence and order that he be placed on probation, recites that he was denied equal protection of the law and that the punishment inflicted upon him was cruel and unusual so as to be prohibited by law in that the court sentenced him on his record as an administrator rather than on the offense charged in the information, the court disregarded medical testimony, and it treated him more harshly than other defendants.

In the proceedings at the arraignment, Mr. Cavanagh admitted that he had entered false information into expense accounts-'extra time on the road of expenses.'

Careful study of defendant's brief and argument discloses no basis on which this court would have justification to provide the relief requested, that is, the modification of the sentence and causing him to be placed on parole; and we undertake no individual research in that area. Although this circumstance in itself would seem to call for an affirmance, we consider the merits of the arguments claiming error.

The authorities presented by defendant are general in the extreme and relate to no instance similar to the matter before us. The record discloses that contrary to defendant's...

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25 cases
  • Jahnke v. State
    • United States
    • Wyoming Supreme Court
    • June 6, 1984
    ...Wyo., 602 P.2d 378 (1979); Smith v. State, Wyo., 564 P.2d 1194 (1977); Daellenbach v. State, Wyo., 562 P.2d 679 (1977); Cavanagh v. State, Wyo., 505 P.2d 311 (1973); Bird v. State, 36 Wyo. 532, 257 P. 2 (1927); and State v. Sorrentino, 36 Wyo. 111, 253 P. 14 In his argument the appellant re......
  • Hansen v. State, s. 94-237
    • United States
    • Wyoming Supreme Court
    • October 18, 1995
    ...not demand that the law treat everyone with absolute equality, but it does prohibit arbitrary and invidious discrimination. Cavanagh v. State, 505 P.2d 311 (Wyo.1973). We could rest our resolution of the constitutional issues upon what we said in Menapace v. State, 768 P.2d 8, 11 (Wyo.1989)......
  • Hennigan v. State
    • United States
    • Wyoming Supreme Court
    • November 16, 1987
    ...of disparate treatment unless the denial is based upon an identifiable class. As we noted in another context, in Cavanagh v. State, Wyo., 505 P.2d 311, 312 (1973): " * * * [N]either the Fourteenth Amendment of the United States Constitution nor Art. 1, § 2, Wyo. Const., requires exact equal......
  • Noel v. State
    • United States
    • Wyoming Supreme Court
    • February 25, 2014 exercising his judicial discretion should give consideration to all circumstances—aggravating as well as mitigating.” Cavanagh v. State, 505 P.2d 311, 312 (Wyo.1973). The court must consider the crime, its attendant circumstances, and the character of the defendant when assessing as reas......
  • Request a trial to view additional results

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