Pinker v. State

2008 WY 86, 188 P.3d 571, 2008 Wyo. LEXIS 88, 2008 WL 2806565
CourtWyoming Supreme Court
DecidedJuly 22, 2008
DocketS-07-0187
StatusPublished
Cited by7 cases

This text of 2008 WY 86 (Pinker 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
Pinker v. State, 2008 WY 86, 188 P.3d 571, 2008 Wyo. LEXIS 88, 2008 WL 2806565 (Wyo. 2008).

Opinion

*572 HILL, Justice.

[T1] Appellant, James Pinker (Pinker), entered a plea of guilty to a violation of Wyo. Stat. Ann. § 6-2-502(a)(i) (LexisNexis 2007). 1 On July 22, 2006, Pinker inflicted injuries on his two-month-old daughter which caused her serious, permanent, and disabling injuries. Pinker was sentenced to be imprisoned for six to eight years. In addition, he was also ordered to complete restitution to the Office of Healthcare Financing (OHCF), care of ACS Third Party Liability, in the amount of $156,671.92. That was the amount of Medicaid benefits that had been paid on behalf of his daughter as of the date the presentence report prepared in Pinker's case was completed. The presentence report also provided the court with verification that OHCF was "subrogated to the rights of [Pinker's daughter] with respect to any claim that ... she may have arising from the accident or incident and this subrogation extends to all Medicaid funds paid or to be paid on account of her injuries, and OHCF must be reimbursed for those amounts." It is this provision of the sentence imposed in this case that commands our attention in this appeal, as well as Pinker's assertion that the district court's oral pronouncements concerning restitution conflict with the written sentence.

ISSUES
[T2] Pinker raises these issues:
I. Is the district court's oral pronouncement of restitution controlling, and an illegal sentence?
II. Did the district court exceed its statutory authority in awarding restitution to the Office of Healthcare Financing, as that entity is not a "victim" as defined by statute?

The State conforms its statement of the issues to those raised by Pinker.

FACTS AND PROCEEDINGS

[T3] From the outset of these proceedings, it was evident that Pinker intended to enter a plea of guilty to the charge against him. On February 16, 2007, Pinker entered a plea of guilty, as planned. Pinker gave a factual basis for his plea, but the State was not satisfied with the accuracy of that recitation because Pinker tended to minimize his culpability. The State gave a recitation of the facts it intended to prove at trial, if necessary. Those facts consisted mainly of conflicting statements given by Pinker to police investigators that were considerably more incriminating than the recitation of facts he owned up to, at his final arraignment. It was agreed that between those two versions of the events of July 22, 2006, the district court had a factual basis adequate to support the plea of guilty.

[T4] A bit of background about Pinker is pertinent to this discussion, so as to provide context for the issues presented by the appeal. Pinker was born in 1987 and was 19 years of age at the time of his crime. He had legal and substance abuse difficulties throughout his teenage years, and his problems were addressed in both criminal and juvenile courts. He did manage to graduate from high school in 2005, but only with special assistance. He held a few menial jobs both during and after high school, for short periods of time. He was working at a local truck stop at the time of sentencing in this case. Pinker and his wife of a few months lived in a small apartment with their infant daughter. Pinker's wife did not work, but rather cared for the child most of the time, unless Pinker was not working. On the date of the crime, July 22, 2006, Pinker was at *573 home with the child. He received a call from his employer requiring him to come to work to perform mandatory overtime. He was in the process of getting ready to take the child to a care-giver when the incident that led to her injuries occurred. On July 28, 2006, Pinker and his wife took the child to the local hospital because of the symptoms she was exhibiting. The child was examined and released to return home with her parents. Pinker did not reveal to hospital personnel what had happened at home (Le., that he had dropped her on her head-either accidentally or intentionally). The child's condition worsened over the next 24 hours, and on July 24, 2006, Pinker again presented her at the local hospital for treatment. The child was flown to Denver where she was treated for traumatic head injury (non-accidental, but consistent with child abuse). The child was in foster care at the time of the proceedings in this case.

[T5] The plea agreement was summarized at Pinker's guilty plea proceeding. Also, a detailed written statement of the provisions of the plea agreement was filed with the district court prior to those proceedings:

PLEA AGREEMENT
PURSUANT to Rule 11 of the Wyoming Rules of Criminal Procedure, the above referenced parties have entered into the following agreement as it concerns the disposition of the criminal charges filed in this Docket.
The State of Wyoming, represented by Assistant District Attorney Tillie Routh, and the above named Defendant JAMES PINKER, represented by Diane Lazano, concerning the disposition of the eriminal charges contained in the above referenced docket, agrees as follows:
THE DEFENDANT hereby agrees to plead guilty to the following counts as set forth in the Citation, Information or Amended Information filed in this matter:
Tur DEFENDANT agrees to plead guilty to the charge of Aggravated Assault, serious bodily injury, as charged in Count I of the Information filed herein, in violation of W.S. § 6-2-502(a)(1).
FURTHER, the Defendant expressly agrees to provide a complete and truthful factual basis for all charges subject to this agreement and further understands the Court may not accept this agreement or any sentence recommendation made by either party.
THE STATE OF WYOMING agrees that if the DEFENDANT fully and completely satisfies the requirements set forth above, the STATE OF WYOMING shall make the following sentencing recommendations to the court:
1. As to Count 1, a sentence not less than eight (8) nor more than ten (10) years, with a referral to Boot Camp.
FAILURE of the Defendant to respond to this offer 20 days prior to the date of trial will be considered by the State as a rejection and as a result the offer will be rescinded.
IN THE EVENT that the Defendant accepts the State's offer, THE DEFENDANT agrees and understands that by entering this agreement and by entering the above plea(s) that the Defendant is giving up the right to a trial in this/these matters, the right to call and confront witness(es) in said trial, the right to remain silent as to a factual basis for this matter or as to any Pre-Sentence Investigation Report required in this matter, and the right to appeal any charges, means by which the evidence/statements were obtained, and defects in charging documents or jurisdiction.
THE DEFENDANT agrees and understands that the Defendant is responsible for restitution for all victims of the Defendant's actions, including victims of any dismissed or uncharged incidents referenced above.

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Bluebook (online)
2008 WY 86, 188 P.3d 571, 2008 Wyo. LEXIS 88, 2008 WL 2806565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinker-v-state-wyo-2008.