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Anderson v. State3/28/2002
Appeal from the District Court of Natrona County The Honorable David Park, Judge
[ ] Appellant, Elly Anderson (Anderson), challenges an order of the district court revoking probation granted to her under Wyo. Stat. Ann. § 7-13-301 (LexisNexis 2001). Anderson contends that the district court did not have a sufficient factual basis for revoking her probation, and that it failed to establish a factual basis for her guilty plea before accepting that plea. We will reverse and remand for further proceedings consistent with this opinion.
[ ] Anderson states these issues:
1. Whether Ms. Anderson received a fair probation revocation hearing when her right to due process was violated?
2. Whether the district court erred when it entered a judgment against Ms. Anderson when there was an improper factual basis presented for the plea?
The State styles the issues thus:
I. Whether the district court erred in revoking Appellant's probation?
II. Whether a factual basis was established before Appellant's guilty plea was accepted?
FACTS
[ ] Anderson entered a plea of guilty to a charge that, during the early morning hours of October 3, 1996, she committed the crime of aggravated assault and battery upon the person of James Hall (Hall). That crime is defined by statute:
§ 6-2-502. Aggravated assault and battery; penalty.
(a) A person is guilty of aggravated assault and battery if he:
(i) Causes serious bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(ii) Attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(iii) Threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another; or
(iv) Intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant.
(b) Aggravated assault and battery is a felony punishable by imprisonment for not more than ten (10) years. Wyo. Stat. Ann. § 6-2-502 (LexisNexis 2001) (emphasis added).
[ ] Anderson was charged in two counts, count one being the charge of aggravated assault and battery and count two being a charge of simple assault. The simple assault statute provides:
§ 6-2-501. Simple assault; battery; penalties.
(a) A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.
(b) A person is guilty of battery if he unlawfully touches another in a rude, insolent or angry manner or intentionally, knowingly or recklessly causes bodily injury to another.
(c) Except as provided by subsection (e) of this section, simple assault is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
(d) Except as provided by subsection (f) of this section, battery is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year.
(e) A household member as defined by W.S. 35-21-102 who is convicted upon a plea of guilty or no c
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