Santana Mendoza v. State , 368 P.3d 886 ( 2016 )


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  •                IN THE SUPREME COURT, STATE OF WYOMING
    
    2016 WY 31
    OCTOBER TERM, A.D. 2015
    March 9, 2016
    SANTANA MENDOZA,
    Appellant
    (Defendant),
    v.                                                   S-15-0178
    THE STATE OF WYOMING,
    Appellee
    (Plaintiff).
    Appeal from the District Court of Fremont County
    The Honorable Norman E. Young, Judge
    Representing Appellant:
    Office of the State Public Defender: Diane M. Lozano, State Public Defender;
    Tina N. Olson, Chief Appellate Counsel; Eric M. Alden, Senior Assistant
    Appellate Counsel.
    Representing Appellee:
    Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy
    Attorney General; Christyne M. Martens, Senior Assistant Attorney General;
    Darrell D. Jackson, Faculty Director, Bradford H. Coates, Student Director, and
    Brian Conklin, Student Intern, of the Prosecution Assistance Program.
    Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
    NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third.
    Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building,
    Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be
    made before final publication in the permanent volume.
    FOX, Justice.
    [¶1] Santana Mendoza pled guilty to manslaughter and aggravated battery and was
    sentenced to twelve to eighteen years for manslaughter and eight to ten years for
    aggravated battery, to run concurrently, with a recommendation for boot camp. Mr.
    Mendoza successfully completed boot camp and moved for a sentence reduction to
    probation. The district court denied that motion, but reduced his sentence by two years.
    Mr. Mendoza appeals, claiming that the district court applied the wrong standard,
    considered improper evidence, and that the prosecutor breached the plea agreement and
    engaged in misconduct during the hearing on his motion. We affirm.
    ISSUES
    [¶2] 1. What is the proper standard for a motion for sentence reduction following the
    successful completion of the Youthful Offender Program (boot camp)?
    2. Is the nature of the underlying crime a factor that may be addressed by the
    parties and considered by the district court in a motion for sentence reduction?
    3. Did the prosecutor violate the terms of the plea agreement when he argued
    against a sentence reduction?
    FACTS
    [¶3] Mr. Mendoza and another juvenile assaulted two people along a path outside of
    Riverton. One of the victims was killed and the other sustained serious injuries. Mr.
    Mendoza was sixteen at the time.
    [¶4] Pursuant to a plea agreement, Mr. Mendoza pled guilty to charges of
    manslaughter, in violation of Wyo. Stat. Ann. § 6-2-105(a)(i) (LexisNexis 2015), and
    aggravated battery, in violation of Wyo. Stat. Ann. § 6-2-502(a)(i) (LexisNexis 2015).
    The plea agreement provided that “[t]he State shall take no position on boot camp.”
    [¶5] At the sentencing hearing, Mr. Mendoza’s counsel recommended he participate in
    the Youthful Offender Program (boot camp) and that his sentences run concurrently. The
    prosecutor made no mention of boot camp. The district court imposed a sentence of
    twelve to eighteen years for manslaughter and eight to ten years for aggravated battery, to
    run concurrently. In the Judgment and Sentence, the court recommended that Mr.
    Mendoza “serve his sentence at” boot camp, if deemed appropriate by the Wyoming
    Department of Corrections.
    [¶6] In March of 2015, anticipating his completion of boot camp, Mr. Mendoza filed a
    Motion for Sentence Reduction, in which he requested that his sentence be reduced to
    1
    probation. After a hearing, the district court reduced Mr. Mendoza’s manslaughter
    sentence to ten to eighteen years, but denied his request for probation. This appeal
    followed.
    DISCUSSION
    I.      What is the proper standard for a motion for sentence reduction following the
    successful completion of the Youthful Offender Program (boot camp)?
    [¶7] In determining whether to grant Mr. Mendoza’s request for the suspension of his
    sentence and to be placed on probation, the district court conducted a review identical to
    that which would be applied under a motion for sentence reduction filed pursuant to
    W.R.Cr.P 35(b).1 In so doing, the district court reviewed the evidence and testimony
    submitted at the hearing, including evidence of the nature of the underlying crimes, the
    arguments of counsel, and the entire file. The district court denied Mr. Mendoza’s
    request for probation, but did reduce his sentence by two years.
    [¶8] Mr. Mendoza argues that because the denial of a motion for reduction under the
    Youthful Offender Program statute, Wyo. Stat. Ann. §§ 7-13-1001 to 17-13-1003
    (LexisNexis 2015), defeats the rehabilitative purpose of boot camp, it mandates a
    different review than review under W.R.Cr.P. 35(b). Under W.R.Cr.P. 35(b), the trial
    court is afforded considerable deference in deciding whether to grant or deny a motion
    for sentence reduction. “The purpose of Rule 35(b) is to give a convicted defendant a
    second opportunity to reduce his sentence by presenting additional information and
    argument to the sentencing judge.” Chapman v. State, 
    2015 WY 15
    , ¶ 11, 
    342 P.3d 388
    ,
    392 (Wyo. 2015). In considering a Rule 35(b) motion, the sentencing court is “free to
    accept or reject such information at its discretion.” 
    Id. (citation omitted).
    Mr. Mendoza
    urges us to adopt a different rule when a sentence reduction is sought pursuant to the
    Youthful Offender Program statutes. He contends the district court’s discretion is limited
    when a youthful offender has successfully completed boot camp.
    1
    W.R.Cr.P. 35(b) provides as follows:
    (b) Reduction. – A motion to reduce a sentence may be made, or the
    court may reduce a sentence without motion, within one year after the
    sentence is imposed or probation is revoked, or within one year after
    receipt by the court of a mandate issued upon affirmance of the judgment
    or dismissal of the appeal, or within one year after entry of any order or
    judgment of the Wyoming Supreme Court denying review of, or having
    the effect of upholding a judgment or conviction or probation revocation.
    The court shall determine the motion within a reasonable time.
    Changing a sentence from a sentence of incarceration to a grant of
    probation shall constitute a permissible reduction of sentence under this
    subdivision. The court may determine the motion with or without a
    hearing.
    2
    [¶9] The nature of a court’s discretion in its consideration of a sentence reduction under
    the Youthful Offender Program statute is a question of statutory interpretation which we
    review de novo. Marshall v. State, 
    2014 WY 168
    , ¶ 6, 
    340 P.3d 283
    , 286 (Wyo. 2014).
    In interpreting statutes, we first look to the plain language of
    the statute to determine the legislature’s intent. We examine
    the plain and ordinary meaning of the words used by the
    legislature to determine whether the statute is ambiguous.
    A statute is clear and unambiguous if its
    wording is such that reasonable persons are able to
    agree on its meaning with consistency and
    predictability. Conversely, a statute is ambiguous if it
    is found to be vague or uncertain and subject to
    varying interpretations. Ultimately, whether a statute
    is ambiguous is a matter of law to be determined by
    the court.
    In re Estate of Meyer, 
    2016 WY 6
    , ¶ 17, --- P.3d ---, --- (Wyo. 2016) (citations omitted).
    [¶10] The statute governing sentence reduction upon an inmate’s completion of the
    Youthful Offender Program provides:
    (a) The sentencing court may reduce the sentence of
    any convicted felon who:
    (i) Is certified by the department as having
    successfully completed the youthful offender program
    under W.S. 7-13-1003; and
    (ii) Makes application to the court within one
    (1) year after the individual began serving a sentence
    of incarceration at a state penal institution.
    Wyo. Stat. Ann. § 7-13-1002 (emphasis added). The statute also states that “‘[r]eduction
    of sentence’ includes changing a sentence of incarceration to a grant of probation.” Wyo.
    Stat. Ann. § 7-13-1001 (emphasis added).
    [¶11] Mr. Mendoza concedes that the decision to grant a reduction is discretionary but
    contends that the program must operate as we summarized in Wilson v. State, 
    2003 WY 59
    , ¶ 8, 
    68 P.3d 1181
    , 1185-86 (Wyo. 2003), when we quoted the district court judge as
    he advised a youthful defendant:
    3
    I understand that under this plea agreement, you would
    plead guilty to the crime of burglary and that the state would
    recommend a sentence of two to five years in the Wyoming
    State Penitentiary. The Court would be asked to recommend
    that you go to the Youthful Offender treatment part of the
    prison system. That’s commonly called the “boot camp”; and
    if you successfully complete the boot camp, then the Court
    would be asked to give you a sentence reduction that
    suspends the rest of your prison sentence and puts you on
    probation of some sort. It might be in a halfway house. It
    might be in a treatment facility. It might be under intensive
    supervision. It might be regular probation.
    If you successfully completed that probation, then that
    will be the end of your sentence; but if you violated that
    probation, then you can still be brought back to Court and
    required to serve the rest of your two to five sentence.
    Mr. Mendoza argues that this “typical” operation of the boot camp program creates an
    inherent ambiguity in the statute which otherwise calls for the discretion of the court in
    reducing a sentence. He argues that the discretion of the court is limited because of the
    notion that typically the completion of boot camp results in probation. He contends that
    the district court should be required to modify a prisoner’s sentence to probation upon
    successful completion of boot camp, absent some unusual factor.
    [¶12] The language of the Youthful Offender Act, however, is not ambiguous. Wyo.
    Stat. Ann. § 7-13-1002(a) states: “The sentencing court may reduce the sentence” of an
    offender upon successful completion of boot camp. (Emphasis added.) When used in a
    statute, the word “may” is permissive, “meaning that it authorizes the proposed action but
    does not require it.” State ex rel. Dep’t of Workforce Servs. v. Clements, 
    2014 WY 68
    ,
    ¶ 11, 
    326 P.3d 177
    , 181 (Wyo. 2014); see also Duke v. State, 
    2009 WY 74
    , ¶ 34, 
    209 P.3d 563
    , 574 (Wyo. 2009). The statute also provides that a “‘[r]eduction of sentence’
    includes changing a sentence of incarceration to a grant of probation.” Wyo. Stat. Ann. §
    7-13-1001 (emphasis added). The word “include” is “ordinarily used as a word of
    extension or enlargement” and is not a word used to connote limitations. Yager v. State,
    
    2015 WY 139
    , ¶ 22, 
    362 P.2d 777
    , 784 (Wyo. 2015); see also RT Commc’ns, Inc. v. State
    Bd. of Equalization, 
    11 P.3d 915
    , 921 (Wyo. 2000). When a statute is clear and
    unambiguous, we will not look beyond its plain language to seek further legislative
    intent. NL Indus., Inc. v. Dill, 
    769 P.2d 920
    , 926 (Wyo. 1989).
    [¶13] The Youthful Offender Act is capable of only one interpretation: the sentencing
    court has discretion to reduce the sentence of an applicant upon completion of boot camp;
    and that discretion allows a reduction in sentence which could include probation, but
    4
    could also include a number of other possibilities. “Once an inmate qualifies for [boot
    camp] and is admitted into the program, he is not guaranteed a reduced sentence. Instead,
    when an inmate is admitted to and successfully completes the program, the district court
    has discretion to reduce the inmate’s sentence or to decline any sentence reduction.”
    Ellett v. State, 
    883 P.2d 940
    , 944 (Wyo. 1994). Moreover, there is nothing in the statute
    requiring the sentencing court to limit its consideration on a motion for sentence
    reduction to whether or not the applicant has completed boot camp. Similarly, under
    W.R.Cr.P. 35(b), the sentencing court is accorded deference in deciding whether to grant
    or deny a sentence reduction. Chapman, 
    2015 WY 15
    , ¶ 
    11, 342 P.3d at 392
    . The
    discretion given to the sentencing court, whether under the Youthful Offender Act or
    under W.R.Cr.P. 35(b), is the same. We will affirm a district court’s decision on whether
    to grant a sentence reduction “so long as there is a rational basis, supported by substantial
    evidence, from which the district court could reasonably draw its conclusion.” Hodgins
    v. State, 
    1 P.3d 1259
    , 1261 (Wyo. 2000).
    [¶14] The completion of the boot camp program is an accomplishment that may weigh
    in favor of sentence reduction. However, that accomplishment is only one of any number
    of factors which may properly be considered by a district court in its discretion to
    determine whether to grant or deny a motion for sentence reduction under the Youthful
    Offender Act, or pursuant to W.R.Cr.P. 35(b).
    II.   Is the nature of the underlying crime a factor that may be addressed by the parties
    and considered by the district court in a motion for sentence reduction?
    [¶15] Mr. Mendoza raises two arguments concerning the district court’s examination of
    his underlying crimes. He argues that the court improperly considered those crimes when
    it decided not to grant his motion for sentence reduction. He also argues that the
    prosecutor improperly offered evidence of the nature of those crimes at the hearing on his
    motion for sentence reduction. Each of these arguments is addressed in turn.
    A.    Did the district court abuse its discretion when it considered the underlying
    crimes?
    [¶16] Mr. Mendoza argues that the district court abused its discretion when it considered
    the nature of the underlying crimes, and did not base its decision solely on his successful
    completion of boot camp. However, a sentencing court has broad discretion in
    determining whether to grant or deny a motion for sentence reduction brought after an
    inmate’s successful completion of the boot camp program. See supra ¶¶ 13-14.
    [¶17] It is clear from the district court’s comments at the hearing and from its order that
    the court considered all of the evidence before it, including Mr. Mendoza’s successful
    completion of boot camp and the nature of his crimes. On a number of occasions, we
    have considered whether a defendant’s commendable conduct during incarceration was
    5
    sufficient to merit a sentence reduction. We recognized that it was proper for the district
    court in its discretion to consider not only the commendable conduct, but also other
    factors, such as the nature of the underlying crimes, Boucher v. State, 
    2012 WY 145
    ,
    ¶ 13, 
    288 P.3d 427
    , 430 (Wyo. 2012); the need for further rehabilitation, Conkle v. State,
    
    2013 WY 1
    , ¶ 13, 
    291 P.3d 313
    , 315 (Wyo. 2013); the desire for permanency of the
    sentence, Montez v. State, 
    592 P.2d 1153
    , 1154 (Wyo. 1979); the defendant’s family
    background, Chapman, 
    2015 WY 15
    , ¶ 
    19, 342 P.3d at 394
    ; and the fact that the
    defendant had violated the terms of his probation, Gilmer v. State, 
    2014 WY 59
    , ¶ 9, 
    324 P.3d 818
    , 820 (Wyo. 2014).
    [¶18] We have also described “four well-recognized purposes for sentencing: 1)
    rehabilitation, 2) punishment, 3) deterrence, and 4) removal from society.” Croy v. State,
    
    2014 WY 111
    , ¶ 9, 
    334 P.3d 564
    , 568 (Wyo. 2014). The desire to accomplish any one or
    a combination of these purposes is a relevant consideration for a sentencing court in
    determining the appropriate sentence for a defendant. See id.; Kelley v. State, 
    2009 WY 3
    , ¶ 10, 
    199 P.3d 521
    , 525 (Wyo. 2009); Wright v. State, 
    670 P.2d 1090
    , 1093 (Wyo.
    1983). In the context of probation specifically, we have stated:
    In making a determination as to whether probation is
    appropriate, the sentencing judge has discretion to frame and
    consider, in a reasonable manner, the relevant inquiries with
    respect to the recognized purposes for imposing sentence.
    The societal need for retribution is a relevant consideration in
    the imposition of punishment. Another appropriate
    consideration is whether the imposition of a penitentiary
    sentence would serve to deter others from committing similar
    crimes. It is appropriate to impose a sentence of
    imprisonment if probation would unduly depreciate the
    seriousness of the charged offense.
    Whitfield v. State, 
    781 P.2d 913
    , 916 (Wyo. 1989) (citations omitted).
    [¶19] The district court concluded:
    After considering the testimony presented at the May
    8, 2015 hearing, the arguments of counsel, and having
    reviewed the entire file, the Court finds that [Mr. Mendoza’s]
    request to be placed on probation should be denied for the
    reason that to do so would unduly depreciate the extreme
    seriousness of [Mr. Mendoza’s] crimes. The Court has
    reservations concerning the safety of the public under such a
    scenario.
    6
    [¶20] It was not an abuse of discretion for the district court to consider the nature of Mr.
    Mendoza’s crimes. See Boucher, 
    2012 WY 145
    , ¶¶ 
    12-13, 288 P.3d at 430
    (“[T]he
    district court simply was not persuaded that when weighed against other factors, such as
    the gravity of the offenses, the new circumstances warranted a [sentence] reduction[.]”).
    The gravity of Mr. Mendoza’s underlying crimes was an important factor that the district
    court appropriately weighed in considering Mr. Mendoza’s motion for sentence
    reduction.
    B.   Was it prosecutorial misconduct to offer evidence of photographs of the victims
    and of the victim’s autopsy report?
    [¶21] With respect to evidence of his underlying crimes, Mr. Mendoza also claims the
    prosecution’s introduction of photographs of the victims and the autopsy report of the
    deceased victim was prosecutorial misconduct. As we explained in the preceding section,
    see supra ¶ 20, it was proper for the district court to consider the nature of the underlying
    crimes in determining whether to grant Mr. Mendoza’s request for probation.
    Prosecutorial misconduct is “[a] prosecutor’s improper or illegal act (or failure to act),
    esp. involving an attempt to persuade the jury to wrongly convict a defendant or assess an
    unjustified punishment.” Craft v. State, 
    2013 WY 41
    , ¶ 13, 
    298 P.3d 825
    , 829 (Wyo.
    2013) (citation omitted). We distinguish prosecutorial misconduct from mere evidentiary
    errors. 
    Id. Mr. Mendoza
    offers no explanation of why the alleged error in introducing
    photos of the underlying crime would rise to the level of prosecutorial misconduct, and
    we find no basis for such a position. At best, Mr. Mendoza’s complaint about the
    introduction of photographs and the autopsy report raises an evidentiary error.
    [¶22] We apply the plain error standard to the allegation of error because there was no
    objection to the admission of the evidence below. Carroll v. State, 
    2015 WY 87
    , ¶ 31,
    
    352 P.3d 251
    , 259 (Wyo. 2015). To demonstrate plain error, a defendant must show: “1)
    the record is clear about the incident alleged as error; 2) there was a transgression of a
    clear and unequivocal rule of law; and 3) the party claiming the error was denied a
    substantial right resulting in material prejudice.” Collins v. State, 
    2015 WY 92
    , ¶ 10, 
    354 P.3d 55
    , 57 (Wyo. 2015) (citation omitted).
    [¶23] Mr. Mendoza has satisfied the first plain error requirement because the record
    demonstrates that the State offered photographs of the victims and the autopsy report, and
    the court received those exhibits. We turn to the question of whether the prosecutor
    violated a clear and unequivocal rule of law when he offered the photographs and the
    autopsy report. Mr. Mendoza argues that the evidence was not relevant to the question of
    whether his sentence should be reduced following boot camp. In making this argument,
    he restates his position that the court should consider only the defendant’s performance in
    the boot camp program on a motion for reduction of sentence. As we explained in the
    preceding section, evidence of the underlying crime is relevant and may be considered by
    7
    the sentencing court at a hearing on a motion for reduction of sentence following a
    defendant’s successful completion of boot camp. See supra ¶¶ 18-19.
    [¶24] “Sentencing judges are given broad discretion to consider a wide range of factors
    about the defendant when imposing sentences.” Deeds v. State, 
    2014 WY 124
    , ¶ 22, 
    335 P.3d 473
    , 479 (Wyo. 2014) (citations omitted). “However, sentencing must still ‘satisfy
    the requirements of due process’ and ‘[o]utside of capital proceedings, sentencing must
    ensure that the information the sentencing court relies upon is reliable and accurate. . . .’”
    Peden v. State, 
    2006 WY 26
    , ¶ 12, 
    129 P.3d 869
    , 872 (Wyo. 2006) (citation omitted).
    [¶25] Here, the photographs and autopsy report correctly portrayed the subject matter
    and did not convey a false impression, and there was no contention that they were in any
    way unreliable or inaccurate.2 The prosecution’s introduction of the photographs and
    autopsy report did not violate a clear and unequivocal rule of law.
    III. Did the prosecutor violate the terms of the plea agreement when he argued
    against a sentence reduction?
    [¶26] Mr. Mendoza claims that the prosecutor violated the plea agreement when he
    argued at the hearing on the motion for sentence reduction that Mr. Mendoza’s sentence
    should not be reduced. We review a claim for the violation of a plea agreement de novo:
    A plea agreement is a contract between the defendant and the
    State to which the general principles of contract law are
    applied. When determining whether a breach of the plea
    agreement has occurred we: (1) examine the nature of the
    promise; and (2) evaluate the promise in light of the
    defendant’s reasonable understanding of the promise at the
    time the plea was entered. The prosecutor must explicitly
    stand by the terms of any agreement; and if the State is unable
    to carry out the terms, the correct remedy is withdrawal of the
    plea. The State may not obtain the benefit of the agreement
    and at the same time avoid its obligations without violating
    either the principles of fairness or the principles of contract
    law.
    Deeds, 
    2014 WY 124
    , ¶ 
    14, 335 P.3d at 478
    (citation omitted).
    2
    Moreover, contrary to Mr. Mendoza’s argument, there was little danger that this evidence unfairly
    prejudiced him. In fact, the same judge presided over Mr. Mendoza’s arraignment, his change of plea, his
    sentencing, and his motion for sentence reduction. The district court knew that Mr. Mendoza had pled
    guilty to manslaughter and aggravated battery. And, the district court knew that Mr. Mendoza and
    another juvenile beat one of the victims to death and that the second victim suffered traumatic brain injury
    because of the beating.
    8
    [¶27] Because our analysis of plea agreements is guided by principles of contract law,
    we must first examine the terms of the agreement between Mr. Mendoza and the State. If
    its language is “clear and unambiguous, [we] must enforce the agreement according to its
    terms without looking beyond the four corners of the contract.” In re CDR, 
    2015 WY 79
    ,
    ¶ 25, 
    351 P.3d 264
    , 270 (Wyo. 2015). The plea agreement contains the following
    language:
    2. The parties jointly agree that the plea agreement shall be
    pursuant to W.R.Cr.P. 11(e)(1)B). The parties agree that
    sentencing, as to each count, shall be at the discretion of
    the Court, however the parties will make the non-binding
    recommendation that sentencing should be concurrent.
    The State shall take no position on boot camp.
    ....
    6. Either party’s failure to abide by any term of this
    agreement shall result in the entire agreement being null
    and void. The Defendant’s pleas SHALL be withdrawn
    and the State shall be allowed to proceed with the
    prosecution against the Defendant as if no agreement
    existed.
    (Emphasis added in bold.)
    [¶28] Mr. Mendoza argues that the promise to stand silent as to boot camp necessarily
    included not only the threshold question of whether boot camp should be recommended,
    but also the subsequent question of any benefit earned by successful completion of the
    program. We disagree.
    [¶29] The terms of this agreement are unambiguous. When examined in context, the
    State’s agreement as to boot camp referred to the arguments that the parties agreed to
    make at the sentencing hearing. The State agreed that it would not take a position at
    sentencing regarding boot camp. The State did not agree to make no argument on any
    subsequent motion for sentence reduction after the completion of boot camp.
    [¶30] Moreover, had the parties desired to limit the State’s argument at a motion for
    sentence reduction, such a term easily could have been incorporated into the agreement.
    Where a contract is silent on a particular matter that easily
    could have been drafted into it, a court should refrain from
    supplying the missing language under the pretext of contract
    9
    interpretation. Courts are not at liberty to rescue parties from
    the consequences of a poorly made bargain or a poorly
    drafted agreement by rewriting a contract under the guise of
    construing it.
    In re CDR, 
    2015 WY 79
    , ¶ 
    30, 351 P.3d at 270-71
    (internal citations omitted).
    [¶31] In Duke v. State, 
    2009 WY 74
    , 
    209 P.3d 563
    (Wyo. 2009), the parties provided for
    the State’s concurrence on a sentence reduction following boot camp. There, the plea
    agreement stated: “the State would recommend your client for the Boot Camp program,
    and upon successful completion of the program, the State would concur with a Motion
    for Sentence Reduction as recommended by his Boot Camp advisors.” 
    Id. at ¶
    13, 209
    P.3d at 568
    . Here, however, there was no such language in the plea agreement. The
    prosecution did not violate the terms of the plea agreement when it argued against
    probation at the hearing on Mr. Mendoza’s motion for reduction of sentence.
    CONCLUSION
    [¶32] A sentencing court has broad discretion when considering a motion for sentence
    reduction upon an inmate’s successful completion of boot camp. In exercising that
    discretion, the court may consider the completion of the boot camp program, along with
    any other relevant factor. The district court did not abuse its discretion when it
    considered the nature of the underlying crimes and denied Mr. Mendoza’s request for
    probation after he had successfully completed boot camp. The prosecutor committed no
    error when he presented photos of the victims and the autopsy report at the hearing on
    Mr. Mendoza’s motion for sentence reduction. The prosecutor did not violate the terms
    of the plea agreement when it argued against probation after completion of boot camp.
    Affirmed.
    10
    

Document Info

Docket Number: S-15-0178

Citation Numbers: 2016 WY 31, 368 P.3d 886

Filed Date: 3/9/2016

Precedential Status: Precedential

Modified Date: 1/12/2023

Authorities (21)

Hodgins v. State , 1 P.3d 1259 ( 2000 )

Kelley v. State , 199 P.3d 521 ( 2009 )

Wright v. State , 670 P.2d 1090 ( 1983 )

Wilson v. State , 68 P.3d 1181 ( 2003 )

Whitfield v. State , 781 P.2d 913 ( 1989 )

RT Communications, Inc. v. State Board of Equalization , 11 P.3d 915 ( 2000 )

NL Industries, Inc. v. Dill , 769 P.2d 920 ( 1989 )

Peden v. State , 129 P.3d 869 ( 2006 )

Robert Owen Marshall, III , 340 P.3d 283 ( 2014 )

John Leslie Chapman , 342 P.3d 388 ( 2015 )

Allen Joseph Collins v. State , 354 P.3d 55 ( 2015 )

Christopher James Yager v. State , 362 P.3d 777 ( 2015 )

in-the-matter-of-the-estate-of-p-richard-meyer-deceased-miracles-meyer , 2016 WY 6 ( 2016 )

State of Wyoming, Ex Rel., Department of Workforce Services,... , 326 P.3d 177 ( 2014 )

Douglas Howard Craft v. The State of Wyoming , 298 P.3d 825 ( 2013 )

Montez v. State , 592 P.2d 1153 ( 1979 )

Ellett v. State , 883 P.2d 940 ( 1994 )

David Charles Croy , 334 P.3d 564 ( 2014 )

Duke v. State , 209 P.3d 563 ( 2009 )

Michael Scott Carroll, II v. State , 352 P.3d 251 ( 2015 )

View All Authorities »