Steinfeldt v. State

411 P.3d 418
CourtWyoming Supreme Court
DecidedFebruary 22, 2018
DocketS-17-0139
StatusPublished
Cited by1 cases

This text of 411 P.3d 418 (Steinfeldt 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
Steinfeldt v. State, 411 P.3d 418 (Wyo. 2018).

Opinion

BURKE, Chief Justice.

[¶1] Appellant, Bobbi Jenean Steinfeldt, entered guilty pleas to one count of conspiracy to deliver methamphetamine and one count of possession of marijuana with intent to deliver. After entry of the pleas, she sought and obtained a continuance of the sentencing hearing. Shortly before the rescheduled hearing, Ms. Steinfeldt sought another continuance. The district court denied that motion. Ms. Steinfeldt contends that the denial of her motion deprived her of the opportunity to obtain and present evidence in mitigation of her sentence. We affirm.

*419ISSUE

[¶2] Ms. Steinfeldt presents one issue, which we rephrase:

Did the district court abuse its discretion by denying her motion to continue the sentencing hearing so that she could present additional evidence in mitigation of her sentence pursuant to W.R.Cr.P. 32(c)(1)(C) ?

FACTS

[¶3] In December 2015, the State charged Ms. Steinfeldt with fifteen felony and misdemeanor drug offenses, including possession with intent to deliver methamphetamine, marijuana, and hydrocodone, use of a firearm while in possession of a controlled substance, and conspiracy to deliver methamphetamine. It subsequently filed another Information in a separate docket alleging an additional 16 drug-related offenses. The State then moved to join the thirty-one counts for trial, asserting that the charges arose from related incidents and the same series of transactions. The motion was granted.

[¶4] Prior to trial, the parties reached a plea agreement in which Ms. Steinfeldt agreed to plead guilty to conspiracy to deliver methamphetamine and possession of marijuana with intent to deliver. In return, the State agreed to dismiss all other charges and "cap" its sentencing recommendation at consecutive terms of 13 to 20 years for the conspiracy charge, and 2 to 5 years for the possession charge. The district court accepted the guilty pleas at a change of plea hearing on September 2, 2016. The court scheduled a sentencing hearing for January 9, 2017, and ordered a presentence investigation report. The presentence report was filed on November 23, 2016.

[¶5] Prior to the sentencing hearing, Ms. Steinfeldt retained new counsel. On January 4, 2017, five days before the scheduled sentencing, her new counsel moved for a continuance. The district court granted the motion and sentencing was rescheduled for February 21. Shortly before the rescheduled sentencing hearing, Ms. Steinfeldt changed counsel again. On February 13, 2017, new counsel filed a second motion for continuance asserting, among other things, that additional time was needed to obtain a psychological evaluation.1 The district court denied the motion.

[¶6] On the day of sentencing, Ms. Steinfeldt renewed her request for a continuance and presented a letter from Dr. Amanda Turlington, a clinical psychologist. In her letter, Dr. Turlington recommended that Ms. Steinfeldt undergo a psychological evaluation. According to Dr. Turlington: "To provide the most effective and efficient treatment, as well as lower her risk of recidivism, it is highly recommended Ms. Steinfeldt receive a full Psychological Evaluation." The district court reviewed Dr. Turlington's letter prior to the hearing. Again, the court denied the request noting that Ms. Steinfeldt had previously been granted a continuance.

[¶7] At the hearing, the State presented the testimony of Special Agent Nicholas Bisceglia of the Division of Criminal Investigation, who provided the context for Ms. Steinfeldt's crimes and outlined her extensive role in the distribution of controlled substances in Carbon, Fremont, and Natrona Counties. He also detailed the significant nature of the drug trafficking network in which Ms. Steinfeldt was involved and the sentences received by some of the other individuals involved. Ms. Steinfeldt spoke on her own behalf, and presented character testimony from her son and sister. The State urged the court to impose consecutive sentences pursuant to the plea agreement. Ms. Steinfeldt sought probation and enrollment in an inpatient treatment program. The district court found that probation was inappropriate. The court determined that consecutive sentences were not warranted, however, and instead imposed concurrent sentences of 13 to 20 years for the conspiracy charge, and 2 to 5 years for the possession charge. This appeal followed.

DISCUSSION

[¶8] As a prelude to our discussion, we note what is not at issue in this appeal. Throughout her brief, Ms. Steinfeldt mentions prior counsel and intimates that her *420previous attorneys were deficient in their responsibilities. For example, she notes that the trial court

was informed at the Sentencing Hearing that her previous attorneys had not obtained Ms. Steinfeldt's mental health records, her medical records, or otherwise investigated the concerns probation noted in its Presentence Investigation Report. ... Not one of these attorneys had Ms. Steinfeldt evaluated by a mental health professional as part of the investigation of her conduct.

However, as she does not raise a claim of ineffectiveness of counsel in this appeal, we give the matter no further consideration. The only issue for us to decide is whether the district court erred when it denied her request for additional time to obtain a psychological evaluation.

[¶9] We review a decision to grant or deny a continuance applying the following standard of review:

We have consistently held that the grant or denial of a motion for continuance is a discretionary ruling of the district court and, unless a clear showing of an abuse of discretion resulting in manifest injustice has been shown by the challenging party, we will not disturb that ruling. Sincock v. State , 2003 WY 115, ¶ 25, 76 P.3d 323, 333-34 (Wyo. 2003) ; Clearwater v. State , 2 P.3d 548, 553 (Wyo. 2000). The determination of whether the district court abused its discretion in refusing to grant a continuance is highly dependent upon the facts and circumstances of the individual case. Sincock , ¶ 25, 76 P.3d at 333. On review, our primary consideration is the reasonableness of the district court's decision. Id.

Griggs v. State , 2016 WY 16, ¶ 75, 367 P.3d 1108, 1131-32 (Wyo. 2016) (quoting Grady v. State , 2008 WY 144

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Bluebook (online)
411 P.3d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinfeldt-v-state-wyo-2018.