Jessen v. State, 5377
Decision Date | 30 January 1981 |
Docket Number | No. 5377,5377 |
Parties | Robert D. JESSEN, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Robert T. Moxley, Wheatland, for appellant.
John D. Troughton, Atty. Gen., Allen C. Johnson, Sr., Asst. Atty. Gen., and Vicci Colgan, Legal Intern, on brief for appellee; John W. Renneisen, Asst. Atty. Gen., argued.
Before ROSE, C. J., * McCLINTOCK, RAPER, ** THOMAS and ROONEY, JJ.
The defendant-appellant appeals from an order of the district judge dated the 31st day of July, 1980 affirming an order of a justice of the peace denying the appellant's Motion to Set Aside Plea of Guilty on the issue of whether the justice of the peace properly accepted a bargained plea of guilty. We will dismiss the appeal.
A timetable of proceedings taken in the criminal proceedings against appellant is necessary to an understanding of our disposition:
December 4, 1979. Complaint filed charging appellant with five counts of assault and battery and disturbing the peace in violation of §§ 6-4-502, 6-8-602, 6-6-201 and 6-6-202, W.S.1977 and criminal warrant issued.
January 3, 1980. Hearing on bargained plea held. Judgment and sentence entered by justice of the peace fining appellant "* * * $100.00 plus $10.00 costs or 1 that you be imprisoned in the County Jail of the County of PLATTE, Wyoming for a period of 6 months. 1 month suspended." It was further ordered that the appellant " * * * take therapy; choice of session type and number of sessions would be at the discretion of the therapist."
January 4, 1980. Appellant appealed to the district court for Platte County stating, in accord with Rule 23(c), W.R.Cr.P.J.C., his grounds for appeal:
February 15, 1980. Decision letter by district judge issued finding " * * * that the Justice of the Peace did not abuse his power and discretion in assessing a fine of $100 and imposing a sentence of six months in jail with one month suspended and that the same was not arbitrary."
February 25, 1980. Order of affirmance by district judge entered.
March 12, 1980. Notice of Appeal 2 from the district court order to the Wyoming Supreme Court filed with district court. The docketing statement filed in the district court on the same date stated the issues to be that:
April 21, 1980. Appellant dismissed his appeal to the supreme court for the reason that counsel's examination of the typed transcript of proceedings before the justice of the peace had on January 3, 1980, purportedly disclosed that there were grounds for a motion to set aside the guilty plea of appellant.
April 3, 1980. The sentencing justice of the peace set for hearing on April 30, 1980 appellant's undated Motion to Set Aside Plea of Guilty which alleged:
May 2, 1980. The sentencing justice of the peace denied appellant's Motion to Set Aside Plea of Guilty.
May 12, 1980. Appellant filed a Notice of Appeal to the district court from the denial of appellant's Motion to Set Aside Plea of Guilty alleging as error that the justice of the peace did not properly accept the January 3, 1980 plea of guilty under Rule 9, W.R.Cr.P.J.C., the provisions of which are mandatory.
July 21, 1980. A decision letter of the district judge was filed which declared that:
August 4, 1980. The district judge entered an order affirming "the acceptance of the plea and subsequent sentencing of the Justice of the Peace Court."
The issue confronting this court as we see it does not go to the merits of whether the justice of the peace properly accepted a bargained plea of guilty but whether we may consider the question at all in the proceedings now before us.
All appeals to the district court and the supreme court are governed by the Wyoming Rules of Appellate Procedure. Rule 1.01, W.R.A.P. "The timely filing of a notice of appeal is jurisdictional. * * * " Rule 1.02, W.R.A.P. Only judgments rendered or final orders made by a court inferior in jurisdiction to the district court may be reversed upon an appeal taken to the district court for errors appearing on the record. Rule 1.03, W.R.A.P.
The judgment and sentence of the justice of the peace dated January 3, 1980 is the only final order as defined by Rule 1.05, W.R.A.P. in the record from which an appeal could be taken. When the appellant dismissed his first appeal from the district court to this court, he lost his opportunity for our review. 3 In a criminal case before a justice of the peace, the defendant shall, "within 10 days after entry of the judgment, file written notice of appeal with the justice" and "(f)ailure to file timely notice of...
To continue reading
Request your trial-
Gooden v. State, 84-59
...of Limited Jurisdiction. If the district court had no jurisdiction to hear the appeal, this court has no jurisdiction. Jessen v. State, Wyo., 622 P.2d 1374 (1981). This court has a duty to dismiss any appeal in an instance in which it is without jurisdiction. Rutledge v. Vonfeldt, Wyo., 564......
-
Clingman v. State, 00-118.
...running of the time for appeal is not terminated by the filing of a motion to withdraw a guilty plea. W.R.A.P. 2.03(a); Jessen v. State, 622 P.2d 1374, 1377 (Wyo.1981). An order denying a post-sentencing motion to withdraw a guilty plea is a final appealable order. W.R.A.P. 1.05(c); and see......
-
Wood v. City of Casper, 5791
...In the discretion of the district court the time for filing briefs may be extended." The City of Casper also notes that in Jensen v. State, Wyo., 622 P.2d 1374 (1981), this court relied upon the provisions of Rule 23(b), W.R.Cr.P.J.C., even though it earlier had noted the provision of Rule ......