Robert Harry Turner, Sr. v. The State of Wyoming

Wyoming Supreme Court

Robert Harry Turner, Sr. v. The State of Wyoming

2014 WY 78, 327 P.3d 120, 2014 WL 2781505, 2014 Wyo. LEXIS 84

CourtWyoming Supreme Court

DecidedJune 18, 2014

DocketS-14-0014, S-14-0093

StatusPublished

This text of 2014 WY 78 (Robert Harry Turner, Sr. v. The State of Wyoming) 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.

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Robert Harry Turner, Sr. v. The State of Wyoming, 2014 WY 78, 327 P.3d 120, 2014 WL 2781505, 2014 Wyo. LEXIS 84 (Wyo. 2014).

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Opinion

OrpEr Reversing JUDGMENT AND SENTENCE

[11] This matter came before the Court upon a "Stipulated Motion to Reverse and Remand," e-filed herein June 2, 2014. After a careful review of the motion and the file, this Court finds as follows. In separate dockets, Appellant pled guilty to two counts of first degree sexual assault. The two captioned appeals followed.

[12] In the present stipulated motion, the parties agree that Appellant's convictions should be reversed because he was not given the firearms advisement required by Wyo. Stat. Ann. § 7-11-507. Specifically, Appellant was not provided the employment or occupational advisement required by § 7-11-507(a)(i). Based on that statute and this Court's precedent, this Court finds that Appellant's convictions must be reversed. As this Court has noted, "the legislature directed that no judgment of conviction be entered without advisement as to the potential loss of firearms privileges and its effect on employment in occupations requiring an employee to possess a gun." Balderson v. State, 2013 WY 107, ¶ 21, 309 P.3d 809 (Wyo.2013) (em *121 phasis supplied); See also Starrett v. State, 2012 WY 133, 286 P.3d 1033 (Wyo.2012); Cobb v. State, 2013 WY 142, 312 P.3d 827 (Wyo.2013); McEwan v. State, 2013 WY 158, 314 P.3d 1160 (Wyo.2013); Pedraza v. State, 2014 WY 24, 318 P.3d 812 (Wyo.2014); and Parks v. State, 2014 WY 57, 325 P.3d 915 (Wyo.2014). It is, therefore,

[13] ORDERED that the "Sentence Order" entered on November 20, 2018, in Big Horn County District Court Docket CR-2011-3352, be, and hereby is, reversed and vacated. That matter is remanded to the district court for proceedings consistent with this order; and it is further

[14] ORDERED that the "Sentence and Probation Order" entered on February 27, 2014, in Big Horn County District Court Docket CR-2011-3381, be, and hereby is, reversed and vacated. That matter is also remanded to the district court for proceedings consistent with this order.

[15] DATED this 18th day of June, 2014.

BY THE COURT:

/s/ MARILYN S. KITE Chief Justice

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OrpEr Reversing JUDGMENT AND SENTENCE

[11] This matter came before the Court upon a "Stipulated Motion to Reverse and Remand," e-filed herein June 2, 2014. After a careful review of the motion and the file, this Court finds as follows. In separate dockets, Appellant pled guilty to two counts of first degree sexual assault. The two captioned appeals followed.

[12] In the present stipulated motion, the parties agree that Appellant's convictions should be reversed because he was not given the firearms advisement required by Wyo. Stat. Ann. § 7-11-507. Specifically, Appellant was not provided the employment or occupational advisement required by § 7-11-507(a)(i). Based on that statute and this Court's precedent, this Court finds that Appellant's convictions must be reversed. As this Court has noted, "the legislature directed that no judgment of conviction be entered without advisement as to the potential loss of firearms privileges and its effect on employment in occupations requiring an employee to possess a gun." Balderson v. State, 2013 WY 107, ¶ 21, 309 P.3d 809 (Wyo.2013) (em *121 phasis supplied); See also Starrett v. State, 2012 WY 133, 286 P.3d 1033 (Wyo.2012); Cobb v. State, 2013 WY 142, 312 P.3d 827 (Wyo.2013); McEwan v. State, 2013 WY 158, 314 P.3d 1160 (Wyo.2013); Pedraza v. State, 2014 WY 24, 318 P.3d 812 (Wyo.2014); and Parks v. State, 2014 WY 57, 325 P.3d 915 (Wyo.2014). It is, therefore,

[13] ORDERED that the "Sentence Order" entered on November 20, 2018, in Big Horn County District Court Docket CR-2011-3352, be, and hereby is, reversed and vacated. That matter is remanded to the district court for proceedings consistent with this order; and it is further

[14] ORDERED that the "Sentence and Probation Order" entered on February 27, 2014, in Big Horn County District Court Docket CR-2011-3381, be, and hereby is, reversed and vacated. That matter is also remanded to the district court for proceedings consistent with this order.

[15] DATED this 18th day of June, 2014.

BY THE COURT:

/s/ MARILYN S. KITE Chief Justice

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2014 WY 78, 327 P.3d 120, 2014 WL 2781505, 2014 Wyo. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-harry-turner-sr-v-the-state-of-wyoming-wyo-2014.

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