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Jones v. State3/1/2002
Original Proceeding Petition for Writ of Review
VOIGT, Justice, delivered the opinion of the Court; GOLDEN, Justice, filed a dissenting opinion.
[ ] The petitioner, Craig Jones, filed a Petition for Writ of Review asking this Court to address certain issues concerning his sentencing. We granted his petition and ordered that his case be remanded for resentencing. After being resentenced, Jones filed a second Petition for Writ of Review regarding the Judgment and Sentence Upon Remand, which petition was granted by this Court.
[ ] We affirm, but remand for amendment of the Judgment and Sentence Upon Remand to conform to this opinion.
ISSUES
[ ] The petitioner presents the following issues for review:
ISSUE I. Can incarceration be followed by probation?
ISSUE II. Did the trial court impermissibly increase [the petitioner's] sentence?
ISSUE III. Are the conditions of probation illegal?
FACTS
[ ] On November 20, 1998, a jury found the petitioner guilty of driving while under the influence (DWUI) causing serious bodily injury, in violation of Wyo. Stat. Ann. § 31-5-233(h) (Michie 1997). The county court (now referred to as circuit court) sentenced the petitioner on February 8, 1999, to twelve months in the county jail, with all but eight to nine months suspended. The circuit court ordered the petitioner to pay a $50.00 surcharge to the Crime Victims Compensation Fund, $20.00 court costs, and a $3,000.00 fine. It further ordered that the petitioner be placed on three years' supervised probation, specifying nineteen terms and conditions to be followed. On February 22, 1999, the petitioner filed a Notice of Appeal to the district court. That appeal was unsuccessful and a request for reconsideration was denied.
[ ] The petitioner's first Petition for Writ of Review was filed with this Court after the district court's affirmance of his conviction and its contemporaneous denial of reconsideration. On November 30, 1999, this Court issued an Order of Partial Remand for Reconsideration of Sentence and Order Denying the Balance of the Petition for Writ of Review. We ordered that a different circuit court judge "resentence the petitioner with particular respect to the indeterminate length of the sentence originally imposed (should incarceration be ordered) and what may constitute lawful and proper terms and conditions of probation (should the assigned court consider probation)[.]"
[ ] At resentencing on March 10, 2000, the circuit court ordered the petitioner to serve twelve months in the county jail with all but nine months suspended; ordered him to pay $2,771.80 to the Crime Victims Compensation Fund; $2,306.00 in restitution; $20.00 in court costs; and a $3,000.00 fine. The circuit court further ordered that the petitioner be placed on three years' supervised probation, with thirteen terms and conditions to be followed. After the district court's affirmance and denial of a rehearing motion, the petitioner's second Petition for Writ of Review was filed in this Court. This Court granted review on December 19, 2000.
CAN INCARCERATION BE FOLLOWED BY PROBATION?
[ ] The question is whether the DWUI statute then in effect allowed probation following incarceration when the conviction resulted from violation of Wyo. Stat. Ann. § 31-5-233(h)(i). This statute provided, in pertinent part:
Whoever causes serious bodily injury to another person resulting from the violation of this section shall be punished upon conviction as follows:
(i) If not subject to the penalty under paragraph (ii) of this subsection, by a fine
Page 1 2 3 4 5 6 7 8 9 10 Wyoming Personal Injury Attorneys
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