Cooley v. State

Wyoming Supreme Court

Cooley v. State

885 P.2d 875, 1994 Wyo. LEXIS 159, 1994 WL 680061

CourtWyoming Supreme Court

DecidedDecember 7, 1994

Docket94-236

StatusPublished

Cited by2 cases

This text of 885 P.2d 875 (Cooley v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooley v. State, 885 P.2d 875, 1994 Wyo. LEXIS 159, 1994 WL 680061 (Wyo. 1994).

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Opinion

PER CURIAM.

Appellant Eldon Cooley pled guilty to a charge of taking indecent liberties with a child. Wyo.Stat. § 14-3-105 (1994). Cooley had been convicted of other felonies on two previous occasions. Upon the suggestion of the prosecution, without objection of defense counsel, and with the sanction of the district court, Cooley was sentenced as an habitual criminal under Wyo.Stat. § 6-10-201 (1988). Section 6-10-201(a) is quite exact in specifying that the threshold circumstance for applying the habitual criminal sentence is conviction of a “violent felony.” Indecent liberties is not a “violent felony” as that phrase is defined by Wyoming law. Wyo.Stat. § 6-1-104(a)(xii) (1988 & Supp.1994).

Appellant contends the sentence imposed is illegal and results from ineffective assistance of counsel. Appellee State of Wyoming, by documents filed on November 17, 1994, concedes that the sentence imposed is illegal. We commend the Attorney General’s directness.

In view of these circumstances, we acknowledge that the sentence imposed was illegal and remand to the district court for imposition of a proper sentence and such other proceedings as may be required.

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PER CURIAM.

Appellant Eldon Cooley pled guilty to a charge of taking indecent liberties with a child. Wyo.Stat. § 14-3-105 (1994). Cooley had been convicted of other felonies on two previous occasions. Upon the suggestion of the prosecution, without objection of defense counsel, and with the sanction of the district court, Cooley was sentenced as an habitual criminal under Wyo.Stat. § 6-10-201 (1988). Section 6-10-201(a) is quite exact in specifying that the threshold circumstance for applying the habitual criminal sentence is conviction of a “violent felony.” Indecent liberties is not a “violent felony” as that phrase is defined by Wyoming law. Wyo.Stat. § 6-1-104(a)(xii) (1988 & Supp.1994).

Appellant contends the sentence imposed is illegal and results from ineffective assistance of counsel. Appellee State of Wyoming, by documents filed on November 17, 1994, concedes that the sentence imposed is illegal. We commend the Attorney General’s directness.

In view of these circumstances, we acknowledge that the sentence imposed was illegal and remand to the district court for imposition of a proper sentence and such other proceedings as may be required.

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885 P.2d 875, 1994 Wyo. LEXIS 159, 1994 WL 680061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooley-v-state-wyo-1994.

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