Smallwood v. State, No. 87-190
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before BROWN; URBIGKIT |
| Citation | 748 P.2d 1141 |
| Parties | Paul Douglas SMALLWOOD, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Docket Number | No. 87-190 |
| Decision Date | 27 January 1988 |
Page 1141
v.
The STATE of Wyoming, Appellee (Plaintiff).
Julie D. Naylor, Appellate Counsel, Wyoming Public Defender Program, for appellant.
Joseph B. Meyer, Atty. Gen., Sylvia Lee Hackl, Sr. Asst. Atty. Gen., Thomas A. Roan, Student Intern, for appellee.
Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.
URBIGKIT, Justice.
This criminal appeal challenges appellant's conviction and sentencing pursuant to guilty pleas entered to two charges, felony child abuse, § 6-2-503(a), W.S.1977, 1983 Replacement, and battery, § 6-2-501, W.S.1977, 1983 Replacement.
Appellant raises two issues on appeal:
"1. Whether the district court accepted a guilty plea in contravention of Rule 15(c), W.R.Cr.P.
"2. Whether the district court abused its discretion in sentencing appellant to a term of four to five years in the Wyoming State Penitentiary to run concurrent with a term of six months."
We reverse and remand by a dispositive determination of the first issue, and consequently do not address the abuse-of-discretion issue.
On October 20, 1986, appellant Paul Smallwood was charged with seven counts, including two counts of battery in violation of § 6-2-501, W.S.1977, 1983 Replacement; two counts of incest in violation of § 6-4-402(a), W.S.1977, 1987 Cum.Supp.; two counts of taking indecent liberties with a child in violation of § 14-3-105, W.S.1977, 1986 Replacement; and one count of felony child abuse in violation of § 6-2-503(a), W.S.1977, 1983 Replacement. Smallwood initially pled not guilty to all counts at his arraignment on December 17, 1986, at which time he was informed, among other things, of the possible minimum and maximum sentences for each count. At a change-of-plea hearing on April 27, 1987, Smallwood entered guilty pleas to the count of felony child abuse, and to one count of battery, and the remaining counts were dismissed.
At the change-of-plea hearing, the dialogue included:
"THE COURT: Mr. Smallwood, do you recall at your arraignment, which was December 17th of 1986, I explained to you the charges against you and the possible penalties?
"THE DEFENDANT: Yes, sir.
"THE COURT: Did you understand them then and do you understand them now?
"THE DEFENDANT: Yes, sir, I do.
Page 1142
"THE COURT: Do you waive, that means give up, any further explanation of them?
"THE DEFENDANT: Yes, sir.
"THE COURT: At that time I also explained to you your constitutional rights.
"Do you remember that?
"THE DEFENDANT: Yes, sir, I do.
"THE COURT: Did you understand them then and do you understand them now?
"THE DEFENDANT: Yes, sir, I do.
"THE COURT: Do you waive, that is give up, any further explanation of your constitutional rights?
"THE DEFENDANT: Yes, sir.
"THE COURT: Mr. Smallwood, I have been informed that you wish to change your plea on Counts IV and V.
"Is that correct?"
The court proceeded to explain some of the constitutional and civil rights that he would waive by his plea, including that after pleading guilty he would be examined under oath.
"THE COURT: * * * Mr. Smallwood, to the charge of child abuse as contained in Count IV, more specifically, that on or about August 17, 1986, in Crook County, Wyoming, you willfully, unlawfully and intentionally inflicted physical injury, skin bruising, upon a child under the age of 16 years, namely Angelia Smallwood by hitting her twice with a belt, said acts constituting a violation of Wyoming Statute 6-2-503(a), how do you plead?
"THE DEFENDANT: Guilty.
"THE COURT: And to Count V, the charge of battery, more specifically, that on or about September 26, 1986, in Crook County, Wyoming, you willfully and unlawfully touched another person, namely Henryetta Smallwood, in an angry manner, by slapping her in the face, said acts constituting a violation of Wyoming Statute 6-3-501, how do you plead?
"THE DEFENDANT: Guilty."
The court continued inquiry to obtain a factual basis, accepted the guilty plea, and ordered a presentence report and psychological evaluation. At no time during this hearing was...
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Smallwood v. State, No. 88-170
...considering dismissed sexual abuse charges in imposing sentence. This criminal appeal was previously before us in Smallwood v. State, 748 P.2d 1141 (Wyo.1988) [Smallwood I ], where we reversed the conviction and remanded to the district court because that court had erroneously accepted a gu......
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Osborn v. State, No. 90-178
...for the plea and that the defendant knows the range of the penalties for the crime with which the person is charged. Smallwood v. State, 748 P.2d 1141 (Wyo.1988); Hoggatt v. State, 606 P.2d 718 (Wyo.1980); Cardenas v. Meacham, 545 P.2d 632 All of this occurred not once but twice in this cas......
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Mehring v. State, No. 92-114
...violated the rule of strict compliance announced in Crawford v. State, 701 P.2d 1150, 1153 (Wyo.1985). See also Smallwood v. State, 748 P.2d 1141, 1143 At the outset of the change of plea hearing, the trial court informed Mehring that before accepting his plea, the trial court would be talk......
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Major v. State, No. 02-233.
...whether the defendant entered the plea voluntarily and with an understanding of the consequences of the plea. Smallwood v. State, 748 P.2d 1141, 1143 (Wyo.1988). This court looks to the totality of the circumstances to determine the voluntariness of a plea. Reyna v. State, 2001 WY 105, ¶ 9,......
-
Smallwood v. State, No. 88-170
...considering dismissed sexual abuse charges in imposing sentence. This criminal appeal was previously before us in Smallwood v. State, 748 P.2d 1141 (Wyo.1988) [Smallwood I ], where we reversed the conviction and remanded to the district court because that court had erroneously accepted a gu......
-
Osborn v. State, No. 90-178
...for the plea and that the defendant knows the range of the penalties for the crime with which the person is charged. Smallwood v. State, 748 P.2d 1141 (Wyo.1988); Hoggatt v. State, 606 P.2d 718 (Wyo.1980); Cardenas v. Meacham, 545 P.2d 632 All of this occurred not once but twice in this cas......
-
Mehring v. State, No. 92-114
...violated the rule of strict compliance announced in Crawford v. State, 701 P.2d 1150, 1153 (Wyo.1985). See also Smallwood v. State, 748 P.2d 1141, 1143 At the outset of the change of plea hearing, the trial court informed Mehring that before accepting his plea, the trial court would be talk......
-
Major v. State, No. 02-233.
...whether the defendant entered the plea voluntarily and with an understanding of the consequences of the plea. Smallwood v. State, 748 P.2d 1141, 1143 (Wyo.1988). This court looks to the totality of the circumstances to determine the voluntariness of a plea. Reyna v. State, 2001 WY 105, ¶ 9,......