Hackett v. State

2010 WY 90, 233 P.3d 988, 2010 Wyo. LEXIS 93, 2010 WL 2574189
CourtWyoming Supreme Court
DecidedJune 29, 2010
DocketS-09-0163
StatusPublished
Cited by4 cases

This text of 2010 WY 90 (Hackett 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
Hackett v. State, 2010 WY 90, 233 P.3d 988, 2010 Wyo. LEXIS 93, 2010 WL 2574189 (Wyo. 2010).

Opinion

HILL, Justice.

[T1] After a jury trial, Michael Leroy Hackett was convicted of one count of first degree sexual assault. On appeal, he claims the presentence investigation report was unfairly biased against him. We affirm.

ISSUE

[12] Hackett presents one issue for our review:

The presentence investigation report considered and endorsed by the trial court constituted cireumstances which manifest inherent unfairness and injustice, or conduct which offends the public sense of fair play.

FACTS

[13] In March of 2008, Michael Leroy Hackett's stepsister reported that Hackett *990 had raped her. After an investigation, Hack-ett was charged with first degree sexual assault, and a jury convicted him of that single charge.

[T4] Before sentencing, a presentence investigation report (PSI) was ordered. The court sentenced Hackett on July 21, 2009, but prior to sentencing, Hackett filed his objection to the PSI. Specifying eleven objections, Hackett took issue with the following: (1) sought to correct a discrepancy with his social security number; (2) denied ever advising the probation and parole officer that he understood the State would "maybe" recommend a sentence of ten to twelve years imprisonment; (8) sought to clarify the statement made in the "Defendant's Version" portion of the PSI; (4) objected to the "graphic statement" regarding Hackett's prior offense, on the grounds that, being derived from an affidavit of probable cause, it was more than a "brief statement of the offense," and that he had not admitted or pled guilty to all of the statements of offenses set forth in that document; (5) and (6) sought to correct statements regarding Hackett's family relationships; (7) denied that in 2002, he had pornography of underage females on his computer; (8) sought to expand upon the effects on his health resulting from an auto accident in 2001; (9) sought to add that Hackett's bankruptcy proceeding had been dismissed, leaving him further in debt; (10) argued that the drafter's "conclusion and evaluation are very biased," and that his continued claim of innocence should not be taken as an effort to minimize the offense for which he was convicted or to show a lack of compassion; and (11) asserted that Hackett had contributed "many worthwhile things to society."

[15] After taking note of Hackett's objections, the court ruled and imposed a sentence of 15-40 years in prison. This appeal followed.

STANDARD OF REVIEW

[16] We review a district court's sentencing decisions for abuse of discretion. Roeschlein v. State, 2007 WY 156, ¶ 17, 168 P.3d 468, 473 (Wyo.2007). A sentence will not be disturbed because of sentencing procedures unless the defendant can show an abuse of discretion, procedural conduct prejudicial to him, cireumstances which manifest inherent unfairness and injustice, or conduct which offends the public sense of fair play. An error warrants reversal only when it is prejudicial and it affects an appellant's substantial rights. The party who is appealing bears the burden to establish that an error was prejudicial. Id. This Court has declined to reverse a sentence where the party objecting to particular portions of a PSI failed to demonstrate that the district court based its decision upon those parts of the report and the challenged comments "merely summarized what was apparent elsewhere in the report and provided the rationale for the agent's sentencing recommendation." Doherty v. State, 2006 WY 39, ¶ 34, 131 P.3d 963, 974 (Wyo.2006) (quoting Janssen v. State, 2005 WY 123, ¶ 18, 120 P.3d 1006, 1011 (Wyo.2005)).

DISCUSSION

[17] Hackett's argument focuses on two objections to his PSI that he made prior to sentencing: Objection no. 4 complained that the PSI "substitutes a graphic statement of probable cause of the prior offense in 2002 instead of a brief statement of the offense;" 1 Objection no. 10 argues "the conclusion and evaluation are very biased". Because the Defendant maintains his innocence, he cannot be accused of ["Jack of insight, shamelessness, and pathetic efforts toward minimizing["1 and ["lack of compassion.["]. The State asserts the PSI was neither unfair nor excessively biased, nor did it offend the public sense of fair play.

[18] The statute governing PSIs provides:

§ 7-13-808. Investigation preceding probation or suspension of sentence.
(a) When directed by the court, ... the state probation and parole officer ... shall *991 investigate and report to the court in writing:
(i) The cireumstances of the offense;
(ii) The eriminal record, social history and present conditions of the defendant;
(ii) If practicable, the findings of a physical and mental examination of the defendant;
(iv) If practicable, statements from the victim; and
(v) A summary of the impact of the offense on the victim.

Wyo. Stat. Ann. § 7-18-808 (LexisNexis 2009).

[19] The Wyoming Rules of Criminal Procedure also contain mandates regarding presentence investigation reports. Rule 32(a)(1) provides that in all felony cases, "the Department of Probation and Parole shall conduct a presentence investigation and submit a report to the court." The rule further provides:

(2) Report-The report of the presentence investigation shall contain:
(A) Information about the history and characteristics of the defendant, including prior criminal record, if any, financial condition, and any cireumstances affecting the defendant's behavior that may be helpful in imposing sentence or in the correctional treatment of the defendant;
(B) Verified information stated in a non-argumentative style containing an assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom the offense has been committed and attaching a victim impact statement as provided in W.S. 7-21-102 if the victim chooses to make one in writing ...
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(D) Such other information as may be required by the court.

[T10] With these principles in mind, we stated the following in Noller v. State, 2010 WY 30, ¶ 13, 226 P.3d 867, 871 (Wyo.2010):

In considering the statutory provision and the rule, we have said that trial courts have broad discretion when imposing sentence to consider a wide range of factors about the defendant and the crime. Thomas v. State, 2009 WY 92, ¶ 10, 211 P.3d 509, 512 (Wyo.2009). They are free, in the exercise of their sentencing discretion, to consider victim impact statements, PSIs and other factors relating to the defendant and his crimes in imposing an appropriate sentence within the statutory range. Garcia v. State, 2007 WY 48, ¶ 10, 153 P.3d 941, 944 (Wyo.2007), citing Smith v. State, 2005 WY 113, ¶ 37, 119 P.3d 411, 422 (Wyo.2005). Trial courts are permitted to consider a defendant's character when exercising their discretion to impose sentence.

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Bluebook (online)
2010 WY 90, 233 P.3d 988, 2010 Wyo. LEXIS 93, 2010 WL 2574189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hackett-v-state-wyo-2010.