Smith v. State, s. 96-255
| Decision Date | 22 July 1997 |
| Docket Number | Nos. 96-255,96-256,s. 96-255 |
| Parties | Robert Scott SMITH, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). (Two Cases) |
| Court | Wyoming Supreme Court |
John D. Fadala, Casper, for Appellant.
William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Sr. Assistant Attorney General; Georgia L. Tibbetts, Sr. Assistant Attorney General, for Appellee.
Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.
In this consolidated appeal, Appellant Robert Smith contends serious inaccuracies and omissions in his presentence investigation report require a new sentencing hearing before a different sentencing judge. We hold that the sentencing judge exercised his discretion appropriately, and we affirm the sentence of the district court.
Smith's separate appeals present the same single issue with which the State agrees:
Did the Trial Judge abuse his discretion by relying on improper information when sentencing the defendant?
In separate criminal actions, Smith was charged with several counts of possession and delivery of controlled substances. He entered into a plea agreement with the State, and on January 4, 1996, Smith pleaded guilty to two counts of felony possession of methamphetamine and one count of delivery of methamphetamine in exchange for sentences which were to run concurrently and were not to exceed twenty-four to thirty months in the Wyoming State Penitentiary.
The court accepted the guilty pleas and ordered that a presentence investigation report be completed. One was prepared and submitted to the court on June 27, 1996. On July 16, 1996, Smith's counsel wrote to the Smith was sentenced on July 18, 1996, to not less than eighteen months nor more than twenty-four months in prison for the felony convictions and to six months on the misdemeanor possession charge, which was ordered to be served concurrently. This appeal followed.
trial judge concerning a number of inaccuracies and omissions in the presentence investigation report and requested that a new report be prepared. The judge accepted the corrections submitted by Smith's counsel. However, the State alluded to the incorrect, as well as non-verified, information in the report as aggravating factors for the court's consideration in Smith's sentencing. Smith contended that his cooperation as an informant and his previous successful completion of probation and counseling made him a good probationary candidate. He requested that he be sentenced to three years of supervised probation and to complete the felony program at Community Alternatives of Casper.
The record shows, in thorough detail, that Smith itemized for the sentencing judge the many inaccuracies and omissions which were contained in the presentence investigation report. In this appeal, he requests that we set standards to ensure accurate presentence investigation reports; order that a new and accurate presentence investigation report be prepared in his case; and order that he be granted a new sentencing hearing before a different judge. He contends this remedy is necessary because the sentencing judge could not help but be influenced by the improper information which was prejudicial and...
To continue reading
Request your trial
-
Mitchell v. State
...the broad discretion of the sentencing court." Jones v. State , 2003 WY 154, ¶ 11, 79 P.3d 1021, 1025 (Wyo. 2003) (citing Smith v. State , 941 P.2d 749, 750 (Wyo. 1997) ). In our review for an abuse of discretion, we must "determine whether the trial court could reasonably conclude as it di......
-
Carothers v. State
...circumstances which manifest inherent unfairness and injustice, or conduct which offends the public sense of fair play." Smith v. State, 941 P.2d 749, 750 (Wyo. 1997). "An error warrants reversal only when it is prejudicial and it affects appellant's substantial rights. The party who is app......
-
Cohee v. State, 04-57.
...circumstances which manifest inherent unfairness and injustice, or conduct which offends the public sense of fair play.' Smith v. State, 941 P.2d 749, 750 (Wyo.1997). `An error warrants reversal only when it is prejudicial and it affects an appellant's substantial rights. The party who is a......
-
Hirsch v. State, 05-20.
...injustice, or conduct which offends the public sense of fair play. Brower v. State, 1 P.3d 1210, 1216 (Wyo. 2000) (citing Smith v. State, 941 P.2d 749, 750 (Wyo.1997) and Wayt v. State, 912 P.2d 1106, 1109 [¶ 26] In 1987, the Wyoming Legislature repealed a series of statutes that provided f......