Hodgins v. State

1 P.3d 1259, 2000 Wyo. LEXIS 75, 2000 WL 331944
CourtWyoming Supreme Court
DecidedMarch 31, 2000
Docket98-131
StatusPublished
Cited by23 cases

This text of 1 P.3d 1259 (Hodgins 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
Hodgins v. State, 1 P.3d 1259, 2000 Wyo. LEXIS 75, 2000 WL 331944 (Wyo. 2000).

Opinion

THOMAS, Justice.

The essential issue raised by Travis William Hodgins (Hodgins) in his appeal is that the trial court committed an abuse of discretion in denying his Motion for Reduction of Sentence. He argues that the trial judge manifested personal bias by not requesting a progress report from the penitentiary; the trial judge failed to articulate just cause for denying his motion; and the sentence was an illegal sentence because the minimum sentence exceeded the normal time that would be served on the maximum sentence. We have reviewed the record to determine whether any abuse of discretion by the trial judge is demonstrated with particular emphasis on the grounds asserted by Hodgins. We hold that no abuse of discretion is demonstrated in this case, and the claim of an illegal sentence is not properly before this Court. The Order Denying Motion for Sentence Reduction is affirmed.

In the Brief of Appellant, filed by Hodgins pro se, the issues that are raised are:

I. Did the judge show personal bias when she denied the motion to reduce sentence?
IL The sentencing judge did not give just cause for denying the motion to reduce sentence.
III. Was the sentence handed down by the judge an illegal sentence?

This Statement of the Issue is found in the Brief of Appellee, filed on behalf of the State of Wyoming:

Did the district court abuse its discretion in denying appellant's motion for a sentence reduction?

In November 1995, Hodgins was charged with aggravated assault and battery, in violation of Wyo. Stat. Ann. § 6-2-502(a)(i) (Lexis 1999), for intentionally, knowingly or recklessly causing serious bodily injury to his twenty-one day old son, under cireumstances manifesting extreme indifference to the value of human life. A trial to a jury resulted in a finding of guilty of the charged offense. On March 26, 1997, Hodgins was sentenced to imprisonment in the Wyoming State Penitentiary for a term of not less than nine nor more than ten years. He appealed his conviction, and we affirmed the judgment and sentence. Hodgins v. State, 962 P.2d 158 (Wyo.1998). The facts supporting his conviction are set forth in that opinion of the Court. *1261 On February 18, 1998, Hodgins filed a Motion for Reduction of Sentence Pursuant to Rule 35(b), W.R.Cr.P., in which he sought a reduction in his sentence. On March 19, 1998, the trial court entered its Order Denying Motion for Sentence Reduction. Hodgins has appealed that order.

The authority of the trial court to reduce a sentence is found in W.R.Cr.P. 35, which provides:

(a) Correction. -The court may correct an illegal sentence at any time. Additionally the court may correct, reduce, or modify a sentence within the time and in the manner provided herein for the reduction of sentence.
(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 of 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.

The language of W.R.Cr.P. 35(b) clearly is discretionary; the repeated use of the verb "may" demonstrates that the authority found in the rule is to be exercised at the discretion of the court. That proposition is articulated in prior decisions of this Court. Ellett v. State, 883 P.2d 940, 942 (Wyo.1994) (citing Asch v. State, 784 P.2d 235, 237 (Wyo.1989)). In McFarlane v. State, 781 P.2d 931, 932 (Wyo.1989), we said:

The district court has broad discretion in determining whether to reduce a defendant's sentence, and we will not disturb its determination absent an abuse of discretion. Mower v. State, 750 P.2d 679 (Wyo.1988).

This rule has been applied consistently by this Court, and is found in a recent case. Barela v. State, 936 P.2d 66, 69 (Wyo.1997).

Addressing the exercise of discretion, we said:

We perceive the core of our inquiry as reaching the question of reasonableness of the choice made by the trial court. Henceforth, we will turn to a definition adopted in Martin v. State, 720 P.2d 894, 897 (Wyo.1986), in which we said:
"Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the circumstances and without doing so arbitrarily or capriciously. Byerly v. Madsen, 41 Wash.App. 495, 704 P.2d 1236 (1985)."

Vaughn v. State, 962 P.2d 149, 151 (Wyo.1998).

Under W.R.Cr.P. 35(b), the decision of the trial court to grant or deny a sentence reduction is entitled to considerable deference. We will not substitute our view for that of the trial court so long as there is a rational basis, supported by substantial evidence, from which the district court could reasonably draw its conclusion. Fortin v. State, 622 P.2d 418, 420 (Wyo.1981) (citing Key v. State, 616 P.2d 774 (Wyo.1980)); see Jones v. State, 568 P.2d 837, 854 (Wyo.1977).

The record demonstrates that the trial court acted reasonably when it denied Hodgins' motion for sentence reduction. Hodgins maintains that the trial judge was biased when she failed to order a progress report from the penitentiary prior to ruling on his motion. Yet, Hodgins provides no authority requiring the sentencing court to obtain such a report. Even if the trial judge had obtained the report and it had contained favorable information about Hodgins' conduct, that would not supersede the trial court's discretion. In Carrillo v. State, 895 P.2d 463, 464 (Wyo.1995), a case factually similar to the instant case, Carrillo filed a motion for reduction of his two and one-half to three year sentence. Carrillo provided evidence of his conduct while at the peniten *1262 tiary, including his high rating for his work assignment and his successful completion of substance abuse programs.

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Bluebook (online)
1 P.3d 1259, 2000 Wyo. LEXIS 75, 2000 WL 331944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodgins-v-state-wyo-2000.