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eBook details

• Title: Rawson v. State
• Author : Supreme Court of Wyoming
• Release Date : January 28, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The questions we must resolve relate to the application of WYO. STAT. § 7-13-301 (Supp. 1994). The initial issue is whether this statute can be applied in an instance in which the accused has been prosecuted in another jurisdiction and afforded the benefit of a similar statute or has been convicted of a felony. The second issue is whether the sentencing court must invoke the statute if the defendant and the State consent to disposition under its provisions. Nicole Rea Rawson (Rawson) was denied the benefit of a deferred proceeding pursuant to this statute because it appeared to the trial court that she had received the benefit of a similar statute in a prior proceeding in Colorado. We hold WYO. STAT. § 7-13-301 is not available as an option when a charge against the defendant has been resolved under a similar statute or the defendant has been convicted of a felony, and the defendant must assume the burden of satisfying the sentencing court that the defendant is eligible for consideration under this statute. The sentencing court has discretion with respect to invoking the statute even if the defendant is eligible Page 1137 for its benefits. The Judgment and Sentence of the trial court is affirmed.

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