State v. Steele, 5311
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before RAPER; ROONEY |
| Citation | 620 P.2d 1026 |
| Parties | The STATE of Wyoming, Appellant (Plaintiff), v. Harry STEELE, Appellee (Defendant). |
| Docket Number | No. 5311,5311 |
| Decision Date | 19 December 1980 |
Page 1026
v.
Harry STEELE, Appellee (Defendant).
John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Criminal Division, Cheyenne, and William H. Jackson, Jr., Pinedale, Sp. Asst. Atty. Gen., for appellant.
John S. Mackey, Pinedale, for appellee.
Before RAPER, C. J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.
ROONEY, Justice.
Pursuant to § 7-12-102, W.S.1977, 1 appellant-State made application to this court for permission to file a Bill of Exceptions
Page 1027
relating to certain orders and proceedings had in the district court in this matter. We granted permission to do so.In substance, the Bill of Exceptions alleged error in four respects: (1) After refusal of the trial court to accept a plea of nolo contendere from appellee, finding him "not guilty" and releasing and discharging him before receiving or entering a different plea and without a trial if a guilty plea or "unfit to proceed" plea were made or entered; (2) after entering of a nunc pro tunc order changing the previous refusal to accept the nolo contendere plea from appellee and accepting it, finding him "not guilty" and releasing him and discharging him; (3) the making of statements by the trial judge which were critical of the actions of the Game and Fish Commission; and (4) the questioning by the trial judge of the decision of the prosecuting attorney to file criminal charges in this case. 2
We find error as contended in the first and second allegations.
We will not consider the third and fourth allegations of error inasmuch as appellant has not supported them with reference to substantiating authority or with cogent argument. We have often said that such is necessary. Scherling v. Kilgore, Wyo., 599 P.2d 1352 (1979); Cherniwchan v. State, Wyo., 594 P.2d 464 (1979).
Appellee was charged under § 23-3-107, W.S.1977 with unlawfully killing big game animals (moose). The original information was in 16 counts, one for each of 16 moose. Appellee entered a plea of "not guilty" thereto. The prosecuting attorney agreed to file an amended information containing only 8 counts, and appellee agreed to change his plea to nolo contendere to the charges in the amended information. On August 16, 1979, the trial judge made careful inquiry into the voluntariness of appellee's plea and his understanding of it pursuant to Rule 15(d), W.R.Cr.P. In doing so, he noted that the basic difference between a "nolo contendere" and "guilty" plea was only in its use in connection with a subsequent civil action and that the court could refuse to accept the nolo contendere plea, in which instance the appellee would stand trial unless he pleaded guilty. Appellee, nonetheless, entered a plea of nolo contendere.
When appellee came before the trial judge on September 21, 1979 for sentencing, the judge found "that the plea of nolo contendere should not be accepted. The court finds the defendant not guilty. The defendant is released and discharged." On February 15, 1980, the trial judge executed a lengthy "Orders and Judgment of Acquittal" document. It recited the history of the case as the judge viewed it, including the statement that:
"the court double checked the transcript with the reporter and is satisfied that it said 'should not be accepted.' In truth and in fact the court intended, and intends, that the plea should be accepted and accordingly hereby amends that finding nunc pro tunc.
"IT IS HEREBY ORDERED, CONSIDERED, ADJUDGED, AND DECREED:
"The defendant's pleas of nolo contendere to each of the counts in the information be and the same hereby are accepted, * * *. The court finds the defendant not guilty. The defendant is released and discharged."
Rule 15(a) and (b), W.R.Cr.P. provides:
"(a) Alternatives.-A defendant may plead not guilty, not guilty by reason of mental illness or deficiency, unfit to proceed by reason of mental illness or deficiency, guilty, or nolo contendere. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a...
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Martin v. State, No. 88-155
...This court has ruled that a plea of nolo contendere, within the criminal context, is the same as a plea of guilty. State v. Steele, 620 P.2d 1026 (Wyo.1980); followed in Keller v. State, 723 P.2d 1244 (Wyo.1986). If the plea of nolo contendere is treated as the substantial equivalent of a p......
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Davila v. State, No. 90-226
...concurrence in Hurst. Hurst, 563 P.2d at 237. See State v. Young, 196 Kan. 63, 410 P.2d 256 (1966). The cited cases of State v. Steele, 620 P.2d 1026 (Wyo.1980) and Chavez v. State, 604 P.2d 1341 (Wyo.1979), cert. denied 446 U.S. 984, 100 S.Ct. 2967, 64 L.Ed.2d 841 (1980) are not inapposite......
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Zanetti v. State, No. 88-281
...to trial." Id. at 425. Since a nolo contendere plea has the same effect in a criminal case as a guilty plea, State v. Steele, 620 P.2d 1026 (Wyo.1980), these principles also apply to nolo contendere Although the Sword decision may indicate that the right to a speedy trial is a jurisdic......
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Van Haele v. State, No. 03-138.
...of nolo contendere is tantamount to an unconditional plea of guilty. Ochoa v. State, 848 P.2d 1359, 1361, (Wyo.1993); State v. Steele, 620 P.2d 1026, 1028 (Wyo.1980). Further, the charge of property destruction and defacement was dismissed under the plea agreement the district court ultimat......
-
Martin v. State, No. 88-155
...This court has ruled that a plea of nolo contendere, within the criminal context, is the same as a plea of guilty. State v. Steele, 620 P.2d 1026 (Wyo.1980); followed in Keller v. State, 723 P.2d 1244 (Wyo.1986). If the plea of nolo contendere is treated as the substantial equivalent of a p......
-
Davila v. State, No. 90-226
...concurrence in Hurst. Hurst, 563 P.2d at 237. See State v. Young, 196 Kan. 63, 410 P.2d 256 (1966). The cited cases of State v. Steele, 620 P.2d 1026 (Wyo.1980) and Chavez v. State, 604 P.2d 1341 (Wyo.1979), cert. denied 446 U.S. 984, 100 S.Ct. 2967, 64 L.Ed.2d 841 (1980) are not inapposite......
-
Zanetti v. State, No. 88-281
...to trial." Id. at 425. Since a nolo contendere plea has the same effect in a criminal case as a guilty plea, State v. Steele, 620 P.2d 1026 (Wyo.1980), these principles also apply to nolo contendere Although the Sword decision may indicate that the right to a speedy trial is a jurisdic......
-
Van Haele v. State, No. 03-138.
...of nolo contendere is tantamount to an unconditional plea of guilty. Ochoa v. State, 848 P.2d 1359, 1361, (Wyo.1993); State v. Steele, 620 P.2d 1026, 1028 (Wyo.1980). Further, the charge of property destruction and defacement was dismissed under the plea agreement the district court ultimat......