State v. Heberling, 4636

• Decision Date: 03 September 1976
• Docket Number: No. 4636,4636
• Citation: 553 P.2d 1043
• Parties: The STATE of Wyoming, Plaintiff, v. Dale Lee HEBERLING, Defendant.
• Court: Wyoming Supreme Court

Page 1043

553 P.2d 1043

The STATE of Wyoming, Plaintiff, v. Dale Lee HEBERLING, Defendant.

No. 4636.

Supreme Court of Wyoming.

Sept. 3, 1976.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Frank R. Chapman, Legal Intern, Cheyenne, signed the brief on behalf of the plaintiff. Submitted on brief.

Richard S. Dumbrill, Jones & Dumbrill, Newcastle, signed the brief on behalf of the defendant. Submitted on brief.

Before McCLINTOCK, RAPER, THOMAS and ROSE, JJ., and ARMSTRONG, District Judge, Retired, assigned.

RAPER, Justice.

Upon application of the county and prosecuting attorney of Weston County, this court allowed the filing of a bill of exceptions ¹ to an order of the district court in an appeal setting aside a judgment and sentence of a justice of the peace on a conviction for driving a motor vehicle while under the influence of intoxicating liquor in violation of § 31-129, W.S.1957, C.1967. Sitting in an appellate role, the district court found:

'* * * that the only action of (sic) the Court can take under the Wyoming Rules of Criminal Procedure for the Justice of the Peace Courts is to set aside and void the conviction and to dismiss the charge placed against the defendant, and that under said rules the Court has no authority to take any other action in a case on appeal from the Justice of the Peace Court in which this Court finds an error of law.'

The bill challenges the right of a district court to only set aside and void a conviction and dismiss the charge against a defendant on appeal to a district court from a justice of the peace court and asserts that in such appeals, the district court may reverse, remand, modify or vacate, as well, when there is an error of law. ² We are going to sustain the exception.

In Wyoming, for many years, appeals from justice of the peace courts to district courts were tried de novo, pursuant to § 7-448, W.S.1957, which provided:

'The cause, when thus appealed, shall stand for trial anew in the district court in the same manner that it should have been tried before the justice, and as nearly as practicable as an issue of fact upon an indictment, without regard to technical errors or defects, which have not prejudiced the substantial rights of either party, and the court has full power over the case, the justice of the peace, his docket entries, and his return, to administer the justice of the case according to law, and shall give judgment accordingly.'

In 1971, the justice of the peace court system was legislatively revised, effective January 1, 1975. ³ Section 7 of that act, now § 5-99.7, W.S.1957, 1975 Cum.Supp., announces that:

'The supreme court of Wyoming is hereby vested with supervisory powers over the justice courts of the State of Wyoming, and shall, by rule of the supreme court, establish procedures and regulations for the effective and expeditious administration of the business of the justice court system of the state and shall establish fees and costs for said courts.'

Acting upon the basis of such authority, the supreme court adopted a comprehensive set of Minor Court Rules, including what are known as the Wyoming Rules of Criminal Procedure for Justice Courts (W.R.Cr.P.J.C.). Included is Rule 1(a)(5), W.R.Cr.P.J.C., providing that, 'Appeals from conviction in justice court or municipal court shall be governed by these rules.' Rule 23(a), W.R.Cr.P.J.C., stipulates that, '* * * No trial anew in the district court is provided, and all appeals shall be tried on questions of law.' There is then supplied a means for the use of tape recording as the vehicle for placing the transcript of evidence before the district court.

With some few exceptions, all statutory sections prescribing a procedure for appeals from a justice of the peace court to the district court were superseded. ⁴ Within the structure of Rule 23, W.R.Cr.P.C.J., is no provision prescribing what disposition the district court may make after hearing on the record below all matters of fact and law pertaining to the case on appeal. That is not necessary because appropriate provision has been specified in other procedural rules of this court.

By an enabling act passed by the Wyoming State Legislature in 1947, ⁵ this court was given authority to do the following:

Section 5-18, W.S.1957:

'The supreme court of Wyoming may from time to time adopt, modify and repeal general rules and forms governing pleading, practice and procedure, in all courts of this state, for the purpose of promoting the speedy and efficient determination of litigation upon its merits.'

Section 5-19, W.S.1957:

'Such rules may govern:

'(a) the forms of process, writs, pleadings and motions and the subjects of parties, depositions, discovery, trials, evidence, judgments, new trials, provisional and final remedies and all other matters of pleading, practice and procedure; and

'(b) any review of or other supervisory proceedings from the judgment or decision of any court, board, officer, or commission when such review is authorized by law.

'Such rules shall neither abridge, enlarge nor moeify the substantive rights of any person nor the jurisdiction of any of the courts nor change the provisions of any statute of limitations.'

As a result of that authority, the Wyoming Rules of Civil Procedure (W.R.C.P.) were finally adopted on the 2nd day of July, 1957. ⁶ Rule 1, W.R.C.P., sets out their scope:

'These rules govern procedure in all courts of record in the State of Wyoming, in all actions, suits or proceedings of a civil nature, in all special statutory proceedings except as provided in Rule 81, and in all appeals in criminal cases. * * *' (Emphasis supplied.)

In contemplation of an appeal...