Vallo v. State, No. 86-119
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before THOMAS; BROWN; URBIGKIT |
| Citation | 726 P.2d 1045 |
| Parties | Lisa Marie VALLO, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Decision Date | 15 October 1986 |
| Docket Number | No. 86-119 |
Page 1045
v.
The STATE of Wyoming, Appellee (Plaintiff).
Wyoming Public Defender Program: Leonard D. Munker, State Public Defender, Julie D. Naylor, Appellate Counsel, Cheyenne, Wyoming Defender Aid Program: Gerald M. Gallivan, Director, and William L. Combs, Student Intern, Laramie, for appellant.
A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., John W. Renneisen, Allen C. Johnson, Sr. Asst. Attys. Gen., for appellee.
Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.
BROWN, Justice.
Appellant pled not guilty to possession of a controlled substance with intent to deliver. In a "stipulated agreement" she admitted to all the essential elements of the crime charged and conditionally waived her right to a jury trial. Based on this stipulation the court found appellant guilty. On appeal she raises issues with respect to the trial court's denial of a motion to supress her statements to the police.
This court will not address the supression issues, but rather remand the case to the trial court for the taking of a proper plea.
An information was filed on September 5, 1985, charging appellant with possession of a controlled substance (marijuana) with intent to deliver, in violation of § 35-7-1031(a)(ii), W.S.1977, 1985 Cum.Supp. On October 4, 1985, appellant filed a motion to suppress all statements made by her and all property seized as a result of her having made statements to the police. The police had questioned appellant and conducted a search and seizure pursuant to a search warrant on July 18, 1985.
After a hearing on October 25, 1985, the trial court denied appellant's motion to suppress, and at her arraignment appellant pled not guilty. On November 15, 1985, a "stipulated agreement" was filed in the district court. In the "stipulated agreement" appellant admitted to all the essential elements of the crime charged and
Page 1046
"conditionally" waived her right to a jury trial. In this stipulation appellant also preserved her right to appeal to the supreme court. Apparently she intended to appeal the trial court's denial of her motion to suppress her statements to the police.On December 2, 1985, the district court entered an order stating that the stipulation would not be accepted. The court apparently considered the case of Tompkins v. State, Wyo., 705 P.2d 836 (1985), cert. denied 475 U.S. 1052, 106 S.Ct. 1277, 89 L.Ed.2d 585 (1986). Appellant filed a motion on December 4, 1985, urging the district court to reconsider its order disallowing the stipulation. On January 21, 1986, the district court entered its order accepting the stipulation, and found appellant guilty, in violation of § 35-7-1031(a)(ii), W.S.1977, 1985 Cum.Supp.
The stipulation left nothing for the court to decide, appellant having agreed that she did exactly what the statute proscribed. Admission to all the essential elements of the crime with no...
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Martin v. State, No. 88-155
...that the effect of that plea is to waive all "non-jurisdictional" claims. Sword v. State, 746 P.2d 423 (Wyo.1987), citing Vallo v. State, 726 P.2d 1045 (Wyo.1986); and Tompkins v. State, 705 P.2d 836 (Wyo.1985), cert. denied 475 U.S. 1052, 106 S.Ct. 1277, 89 L.Ed.2d 585 (1986). Cf. Armijo v......
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Davila v. State, 90-226
...evidence (claim of unlawful search and seizure, Tompkins, 705 P.2d at 839-40) (claim of unlawfully obtained statements, Vallo v. State, 726 P.2d 1045 (Wyo.1986)); claim that grand jury was improperly convened and conducted, Sword, 746 P.2d at 426; and claim of violation of the right to spee......
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Hennigan v. State, 86-82
...pleads guilty cannot raise constitutional deprivations on appeal which do not reach the jurisdiction of the court. Vallo v. State, Wyo., 726 P.2d 1045 (1986). The issue is also like the question of the legality of an arrest warrant in Wyoming; it affects the lawfulness of the taking into cu......
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Smith v. State, 93-82
...(1978) (Former Rule 15). For that reason, earlier rulings of this court disallowed attempts to create conditional pleas. Vallo v. State, 726 P.2d 1045, 1046 (Wyo.1986); Tompkins v. State, 705 P.2d 836, 839 (Wyo.1985), cert. denied, 475 U.S. 1052, 106 S.Ct. 1277, 89 L.Ed.2d 585 (1986). When ......
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Martin v. State, No. 88-155
...that the effect of that plea is to waive all "non-jurisdictional" claims. Sword v. State, 746 P.2d 423 (Wyo.1987), citing Vallo v. State, 726 P.2d 1045 (Wyo.1986); and Tompkins v. State, 705 P.2d 836 (Wyo.1985), cert. denied 475 U.S. 1052, 106 S.Ct. 1277, 89 L.Ed.2d 585 (1986). Cf. Armijo v......
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Hennigan v. State, No. 86-82
...pleads guilty cannot raise constitutional deprivations on appeal which do not reach the jurisdiction of the court. Vallo v. State, Wyo., 726 P.2d 1045 (1986). The issue is also like the question of the legality of an arrest warrant in Wyoming; it affects the lawfulness of the taking into cu......
-
Davila v. State, No. 90-226
...evidence (claim of unlawful search and seizure, Tompkins, 705 P.2d at 839-40) (claim of unlawfully obtained statements, Vallo v. State, 726 P.2d 1045 (Wyo.1986)); claim that grand jury was improperly convened and conducted, Sword, 746 P.2d at 426; and claim of violation of the right to spee......
-
Smith v. State, No. 93-82
...(1978) (Former Rule 15). For that reason, earlier rulings of this court disallowed attempts to create conditional pleas. Vallo v. State, 726 P.2d 1045, 1046 (Wyo.1986); Tompkins v. State, 705 P.2d 836, 839 (Wyo.1985), cert. denied, 475 U.S. 1052, 106 S.Ct. 1277, 89 L.Ed.2d 585 (1986). When ......