(DOWNLOAD) "Dickson v. State" by Supreme Court of the United States ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dickson v. State
- Author : Supreme Court of the United States
- Release Date : January 27, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The dispositive issue in this case, which is not addressed by the parties, is the failure of the trial court to "[e]nter an adjudication of guilt and conviction," as required by WYO. STAT. § 7-13-301(c)(i) (1987), or an "adjudication as to each offense," as required by WYO. R.CRIM.P. 32(b)(1)(D). The other primary issue we address, because the dispositive issue is correctable, is whether, in invoking WYO. STAT. § 7-13-301 (1987) in a criminal case, the trial court could require restitution as a condition of probation. Collateral issues are asserted including whether, if restitution properly was required, the record demonstrates a willful failure to pay restitution; whether the trial court had authority to impose consecutive periods of probation totaling more than five years; whether the district court had authority to impose consecutive periods of probation; and whether Al Dickson (Dickson) had successfully completed the second of the consecutive periods of probation. Dickson argues from different possible scenarios, but we treat with the actual events of the case in upholding the Order Revoking Probation entered in the trial court. The record demonstrates Dicksons probation revocation proceeding was commenced within the three-year period of probation imposed on the first count of the information filed against him; the revocation was valid; and other contentions made by Dickson are moot in light of what occurred. We reverse and remand the Order Revoking Probation for compliance with WYO. STAT. § 7-13-301(c)(i) and WYO.R.CRIM.P. 32(b)(1)(D), but we find no other error.